PLEASE NOTE: To protect our safety as well as the safety of our clients with respect to the threats of COVID-19, our attorneys are currently working remotely. We are, however, responding to website inquiries and offering the ability to confer with us via telephone, email, and video conferencing. Please call our office to discuss your options and/or send us an email through the website inquiry form, and we will respond as soon as reasonably possible.

Providing trusted legal counsel for credit unions, banks, businesses and individuals in the Tri-state area since 1989.

How to present an effective response to EEOC charge

On Behalf of | Sep 8, 2022 | Employment Law for Employers |

Employees in New York have job requirements that they must complete properly if they want to keep their jobs or be promoted within their companies. While most of the time people think about what employees must do for their employers, there are certain ways that employers must treat their employees as well. For instance, employers cannot discriminate against their employees.

Most employers know this and take steps to ensure that they are not discriminating against anyone for being in one of the protected classes of people. However, they still do need to make certain business decisions that adversely affect certain employees. Even if their decision was a legitimate business decision, the affected employees may feel that they are being discriminated against by the decision. These employees may go to the Equal Employment Opportunity Commission (EEOC) and report the discrimination they feel that they were subjected to.

Elements of an effective position statement

After receiving a complaint, the EEOC will reach out to the employer for a response known as a position statement. It is important to be thorough in these statements because they are used to determine if the investigation will continue.

Effective position statements should be sure to address every allegation even if it does not seem as important. It should also describe as well as include copies of practices and policies of the company which address the allegations. Examples of how the policies have been used in the past are important too. The position statement should also include examples of employees who were treated similarly to the charging party using the same policies. Also, explain why other employees in the charging parties’ situation were not adversely affected in a given situation.

It is always good to be as specific as possible and include the dates of the instances described in the position statement. Documentation relating to the employment decisions is also important and employers should provide as much documentation as possible.

Employers’ responses to EEOC charges in New York are very important and need to be taken seriously. Findings of discrimination are not good for companies and expose them to paying for significant damages. Experienced attorneys understand how to respond to the charges and may be a useful resource.