We encourage you to contact the investigator as early as possible and also request that you follow up in writing (by letter or email) confirming your request for an extension and the agreed upon due date. Non-relevant personally identifiable information of witnesses, comparators or third parties, for example, social security numbers, dates of birth in non-age cases, home addresses and personal phone numbers, etc. ~q The EEOC has defined "confidential information" to include: Sensitive medical information (unless it relates to the Charging Party); Confidential commercial or financial information; Personally identifiable information of witnesses, comparators, or third parties; and. Miller & Martin PLLC Alerts | March 01, 2016. " DHp,$DjGR-p You can upload your position statement and attachments into the Respondent Portal using the + Upload Documents button. After EEOC reviews the Respondent's position statement and attachments on a specific charge, EEOC staff may redact confidential information as necessary prior to releasing the information to a Charging Party or her representative. EEOC. Many company leaders fail to realize just how important this statement is. But its up to organizations to wield it in []. Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. Please enable scripts and reload this page. No other disclosures are contemplated at this time. Provide internal investigations of the alleged incidents or grievance hearing reports. Get access to 100's of HR resources in HRM INSIDER. An EEOC position statement is an employers response to an EEOC charge. var temp_style = document.createElement('style'); The assistant superintendent subsequently shared the information with the superintendent, who then called the supervisor at the employees part-time job and confirmed that she had worked the previous day. Interview all decision-makers and make them aware that they may have to testify later under oath about what they told you. The commission provided other guidance on position statements as well, noting that employers should respond in 30 days, but may request extensions. ) or https:// means youve safely connected to the .gov website. Here are four mistakes Archer outlined for us during the webinar: By avoiding these common mistakes, youll increase your chances of the EEOC deciding in your favor. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. If the Respondent relies on confidential information in its position statement, it should provide such information in separately labeled attachments. For example, if the EEOC statement simply says We deny discrimination. A lock ( 131 M Street, NE This prevents any interruption of content access. Any inconsistencies between the reasons given over time for the employment decision at issue will damage the companys credibility. In part one (Handling EEOC Discrimination Charges) we explained the administrative charge process and the agencies' investigative procedures. Submitting a written request for extension of time which has not been granted does not relieve Respondent of complying with the deadline. If asked, its important to grant these as they may expedite the investigative process. Seek the counsel of an employment attorney to prepare your EEOC position statement. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. The EEOC then provides your position statement and non-confidential attachments to the charging parties upon request. Attorney Merrily Archer is the founder of EEO Legal Solutions, which offers solutions for managing the burgeoning risk of workplace EEO disputes. Do this well, and you could shorten the process and increase the likelihood that the EEOC will agree with your position. As previously mentioned, its important to include contact information for any witnesses and employees that are relevant to your case in your EEOC position statement. The Will Respondents receive a copy of the Charging Party's response to its position statement. 950 W. University Dr. Suite 300, Rochester, MI 48307. EEOC's resource guide for Respondents, "Effective Position Statements," advises Respondents to focus their position statements on the facts relevant to the charge of discrimination and to identify the specific documents and evidence supporting its position. The court concluded that the inconsistencies in the record raised a genuine issue of material fact as to whether the companys reason for termination was a pretext for retaliation. Provide information about any applicable practices, policies or procedures applicable to the allegations in the charge. The rebuttal statements provide, essential information and evidence for your consideration and identify that my termination was sorely based on, false statements as raised by the respondents. Members can get help with HR questions via phone, chat or email. Under What Circumstances Can an Employer Sue an Employee? What type of information is "confidential" that should be put into separately labeled attachments? Find your nearest EEOC office no you do not have to worry about that. Your comments are protected and so are theirs. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Your card will not be charged at any point during your 21 day free trial Respondent should segregate the following information into separate attachments and designate them as follows: EEOC will review attachments designated as confidential and consider the justification provided, as the agency will not condone blanket or unsupported assertions of confidentiality. She argues that the contract includes a mistake, and Hugo knew about the mistake but, Bumping occurs where a laid-off employee displaces another employee on the basis of seniority. http://www.eeoc.gov/employees/position_statement_procedures.cfm, http://www.eeoc.gov/employers/position_statement_procedures.cfm. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Employer position regarding each alleged discriminatory act; Company policies or practices regarding the discriminatory allegations; Identification of other parties affected by your company practices; Examples of similar situations where the implementation of company policies or practices did not result in similar allegations; Names of officials taking action related to the discriminatory allegation; A statement regarding the current status or resolution of the matter. This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a companys Position Statement Section II: The Charging Partys Employment History With Your Company. Sensitive medical information (except for the Charging Party's medical info). Home addresses, personal phone numbers and personal e-mail addresses. Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. <> A qualified employment attorneyunderstands what information is crucial to supporting your version of events and what information may be deemed superfluous or Unfortunately, review of your EEOC position statement may take some time. If the EEOC decides not to litigate the discrimination charge, the charging party receives a Notice of a Right to Sue and may file a lawsuit in federal court within 90 days of the EEOC determination. information only on official, secure websites. endobj Follow him You know that scientist in the action movie who has all the right answers if only the government would just pay attention? Bad Position Statements Can Sink an Employers' Defense A slipshod Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Questions and Answers for Respondents on EEOC's New Position Statement Procedures. A big recitation of the law is probably not necessary. The EEO Rebuttal Statement #eeoc #discrimination Crayon Law Firm 969 subscribers Subscribe Like Share 5.5K views 2 years ago In #EEOC or #discrimination Try to establish credibility with the local EEOC office and investigators because they can give you some slack., The EEOC is a government agency whose employees are overworked and underpaid, said Bernard Tisdale, an attorney with Ogletree Deakins in Charlotte, N.C. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Conciliation is a voluntary process, and both parties must agree to the resolution. Violations of the laws administered by the EEOC (and State agencies which administer state employment laws) are a threat to employees everywhere. 2 0 obj From retail to healthcare, workers are subjected to discrimination and retaliation in the Yes, the } Have you ever faced an EEOC investigation? Please log in as a SHRM member. Just dont overshare in the position statement. I will be A qualified employment attorney understands what information is crucial to supporting your version of events and what information may be deemed superfluous or irrelevant. endobj 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. LockA locked padlock Separate the essay can do i statement rebuttal letter to note down into your. 131 M Street, NE True or False 2. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. With Charging Parties now essentially getting "two bites at the apple" to try to make "their case" with the EEOC, the information which is (and is not) communicated in the Position Statement becomes even more significant/strategic. Any deviation from that stated rationale can be very costly in subsequent litigation. In that case, managers at Shenandoah Valley, a juvenile detention home, fired an employee for allegedly falsifying a sick leave report. This new procedure is designed to facilitate the EEOC obtaining additional responsive information from the Charging Party while the Charge is still pending. I have seen that brief, story-based, EEOC position statements can actually work better than long, overly-legalistic, expensive position statements prepared by attorneys. Take the following precautions to minimize your risk of creating a problematic position statement: Was this article useful? @SHRMlegaleditor.. Identify any individuals other than the Charging Party who have been similarly affected by these practices, policies or procedures; describe the circumstances in which the practices, policies, or procedures have been applied. Firms should lay out exactly what those business reasons were. SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. These FAQ are available below: http://www.eeoc.gov/employees/position_statement_procedures.cfm for Charging Partieshttp://www.eeoc.gov/employers/position_statement_procedures.cfm for Employers. Medical information about the charging party will not be deemed confidential or sensitive. In her response to that motion, the employee pointed out that records from her part-time job showed she did not work on July 11 as Shenandoah Valley claimed in its position statement. Not only is a position statement an opportunity to explain why the complainants allegations are false, it also serves as the first impression the employer will make with the EEOCwhich can have lasting effects. So, how do you draft a Position Statement that makes the EEOC like, and the Charging Party like? With Obviously the answer depends on the specifics of the situation, but you may be surprised to learn that sometimes handling it on your own can have a better outcome than going with a response full of legal jargon and case law. Contact our office today to discuss the allegations against your business and the next steps to take. This brief usually sets out the history of the case, explains to the EEOC Office of Supporting documentation should include the following: In many instances, an EEOC discrimination charge may eventually result in litigation. Some examples of the types of documentary evidence which may be submitted in support of a position statement are: Example 1: Charging Party alleges sexual harassment: You may submit statements or affidavits from witnesses with direct knowledge of the alleged events and/or from the alleged harasser responding to the CP's allegations. All of my know-how to bear as your zealous advocate difficult decisions around staffing, and. 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