Five keys to effective EEOC responses
Receiving a discrimination charge from the Equal Employment Opportunity Commission (EEOC) can be unnerving, but here are five keys for employers to make the process go more smoothly and successfully.
Key #1: Reserve your right to supplement
In your response to the EEOC, you need to insert the following language up-front: Basically, the charge is full of conclusions and lacks details, and we’re responding to what the EEOC has generally asserted while at the same time reserving the right to supplement the defense based on further information provided by the agency.
Reserving the right to supplement your rejoinder will cut off the argument sometimes made by opposing lawyers that you failed to include defenses you’re now asserting at trial. Remember, when the EEOC closes the file, the employee can obtain a copy of the response!
Key #2: Always go to the source
Always have those who made the employment decision at issue review the response. They really know what happened. Even if you interview them, still ask them to review the proposed final submission. Maybe you misunderstood them, or perhaps they failed to give you the nuance you need.
A final review allows you to fix any issues. Measure twice, cut once.
Key #3: Don’t circle the wagons
Guess what! The employee’s charge might just have some merit to it. Something may be amiss. Like a blinking red light on an aircraft console, the complaint might alert you to a mistake you made and give you the chance to fix it.