COVID-19 causes EEOC to change office practices and employer policies

Like almost everyone else, the Equal Employment Opportunity Commission (EEOC) has been doing some things differently since COVID-19 arrived. The changes range from office procedures and charge processes to the policies the agency allows under the laws it enforces.

Changes to procedures

Although most companies have been trying to reopen in some form, EEOC offices have remained closed to outside traffic. All contact with the agency, including filing new charges, is either electronic (via e-mail or the Web portal) or by phone. Investigations are relying on documentary evidence and phone interviews, which, for the most part, is no different than before the pandemic. Fewer mediation conferences are being held (and none in person).

EEOC employees tell me they have been advised to expect at least two weeks’ notice before the office sites reopen, and they haven’t heard anything further yet.

To preserve charging parties’ rights, the EEOC temporarily stopped issuing charge closing documents (right-to-sue letters) on March 21, 2020, unless the party specifically requests it. The document gives the individual the right to file a federal lawsuit within 90 days.

As a reason for taking the step, the EEOC says it was concerned people with pending charges might believe they had to choose between “jeopardizing their safety and protecting their right” to file a lawsuit during the COVID-19 pandemic. The time limit is statutory, and the agency has no authority to change it.