Client Alert — EEOC Issues Significant Changes in Favor of the Charging Party

March 14, 2016

EEOC Issues Significant Changes in Favor of the Charging Party
The Equal Employment Opportunity Commission (EEOC) recently implemented significant procedural changes regarding position statements. When charged with discrimination, harassment and/or retaliation, the employer (Respondent) provides the EEOC its position on the alleged wrongdoing, re Position Statement. Under previous rules, the EEOC would make a determination based upon the input of the Respondent and the employee (Charging Party).

As of January 1, 2016, the new procedures will allow the EEOC to release the Respondent’s Position Statement and non-confidential attachments to the Charging Party. The EEOC now also allows the Charging Party to submit a response to the Respondent’s position statement. The response is due within 20 days from the filing of the Position Statement, and will not be provided to the Respondent during the investigation.

As one can imagine, this new process stacks the deck in favor of the Charging Party by creating this one way review and response process. This new process allows the Charging party to craft a response to the Respondent’s statement to the EEOC. It’s expected that the Charging party will win more of their charges.

SESCO suggests to clients that a professional firm, like SESCO, be engaged to develop the Positon Statement on behalf of the Respondent, or at least review the statement that is developed in house. SESCO‘s consulting and legal team specializes and is very successful in representing clients before the EEOC.

Please contact SESCO should you have any questions about this new change in the EEOC process. For assistance, contact us at 423-764-4127 or by email at sesco@sescomgt.com