Employment Law
How do I respond to an EEOC charge?
Don't miss the position-statement deadline (roughly 30 days from receipt). Lock down the personnel file, handbook, decision timeline, and comparator data before drafting. Respond carefully — facts only, no editorial commentary, no admissions on unproven issues. Many charges resolve at mediation or with a no-cause finding.
An EEOC charge is the procedural gateway to federal employment-discrimination litigation. How the employer responds at the EEOC stage often determines the trajectory of the entire matter.
Step 1 — Calendar the deadline.
The position-statement response is due roughly 30 days from receipt of the charge. The EEOC may grant extensions on request, but ignoring the deadline can result in a no-show finding that effectively concedes the charging party's allegations.
Step 2 — Lock down the documents.
Before drafting, gather: the personnel file, the handbook in effect at the time of the events, the timeline of decisions and decisionmakers, comparator data showing how similarly-situated employees were treated. The response should be supported by contemporaneous documentation, not retrospective reconstruction.
Step 3 — Write the response carefully.
The position statement is a sworn statement. It should:
- State the facts narrowly — what happened, in chronological order, with documents cited.
- Avoid editorial commentary about the charging party.
- Refrain from admitting issues the charging party hasn't proven (the position statement becomes a binding admission).
- Address each allegation specifically; failure to respond can be treated as concession.
Step 4 — Engage in mediation or investigation.
The EEOC offers mediation in most cases. Many charges resolve at mediation. If mediation fails, the EEOC investigates and ultimately issues a determination — either a finding of cause (rare; about 3% of charges) or a no-cause finding (much more common). A right-to-sue letter is issued in both cases, opening the 90-day window for federal court.
For more, see our employment-law practice.
Quick reference
- Calendar the deadline. Position statement due roughly 30 days from receipt.
- Lock down documents. Personnel file, handbook, timeline, comparator data.
- Draft carefully. Facts only; no editorial commentary; no premature admissions.
- Engage in mediation. Most matters resolve here.