EEOC Investigations - New Requirements for Position Statements

April 11, 2016

The Equal Employment Opportunity Commission (EEOC) has implemented new procedures which include electronic filing and which allow the EEOC to release an employer’s position statement to a charging party. The EEOC may release any information or documents which are not determined to be confidential.

New Procedures

The EEOC generally allows an employer 30 days to gather information and submit a position statement. Previously, submissions by an employer were not provided to the charging party. Now, the EEOC will give non-confidential documents to the charging party for a response. In what may seem unfair, the response made by a charging party will not be shared with the employer.

What is Confidential?

Confidential information includes sensitive medical information, confidential commercial and financial data, trade secrets, other charges filed against the employer, and non-relevant personal information. According to the EEOC, an employer must provide an explanation justifying the confidential nature of the information.

Tips for Employers:

  1. Be sure the position statement is accurate as the charging party can point out errors that could undermine an employer’s credibility. Often investigators are looking for a reason to find against employers.
  2. Carefully identify any confidential information, attach it separately as an exhibit, and explain the reasons the information is confidential and should not be disclosed.
  3. Request the EEOC to redact any portions of the position statement that you do not want the charging party to see.
‹ Alerts