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Mitchell Pollack & Associates PLLC

What to do when your business receives an EEOC complaint

| Dec 1, 2017 | Employment Law for Employers |

Claims of discrimination can be difficult for businesses to defend and can cause employers a great deal of stress. It is advisable for New York employers to consult with business and employment law attorneys when they face employee-driven challenges based on claims of discrimination, wrongful termination and other legally impermissible employment actions.

When an employee reports an adverse employment action to the Equal Employment Opportunity Commission, a review of the claim will be initiated. An employer will receive notification of the pending claim and may be invited to mediate the accusations with the employee. If the employer decides not to mediate the matter, then they will be required to respond to the employee’s claims in a written statement.

It is important that an employer take their written statement seriously. It must address the claims fully and with care and detail. The employer’s statement may later be used for further review of the matter and may include supporting documentation that bolsters the employer’s denial of the complaining employee’s accusations.

During the review process, EEOC representatives may wish to perform an on-site investigation of the employer’s facility. This is to gather more information to find either cause of discrimination and give the employee the right to file a lawsuit or to reject the employee’s claims. The representatives may wish to collect more documentation related to the case.

A discrimination-based complaint in an employment setting can be very trying on the employer who must overcome the difficult claims. However, with the help of attorneys who make business and employment law a priority in their legal practices, employers can feel confident that their employees’ challenges will be fairly and comprehensively addressed.