For Deaf/Hard of Hearing callers: Despite the possibility of an extension, its essential to act quickly in preparing your EEOC position statement. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Matthew K. Fenton. Sensitive medical information (except for the Charging Party's medical info). A solid position statement includes seven key sections: Once submitted, a position statement will be reviewed by many different people, all involved in the case in different ways. DISCLAIMER: This article conveys general legal information. There is no reciprocal provision allowing employers to obtain any additional responsive information which is provided to the EEOC by the Charging Party. What is the best course of actionhire a lawyer, or navigate the process in good faith on your own? EEOC will not release the Charging Party's response, if any, to the Respondent. EEOC provides that the position statement should refer to, but not identify, confidential information. Miller & Martin is a leading Southeastern law firm dedicated to excellence in client service. The Commission is releasing the first formal document received from the Charging Party, the Charge, and the first formal document received from the Respondent, the Position Statement. For example, if, at your termination meeting, Ms. Archer is a former employment attorney with two of the nations largest workplace law boutiques and a trial attorney for the U.S. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. In its position statement, representatives for the organization stated that they first learned that the employee was submitting false leave requests on July 11, 2002, when a shift supervisor saw her car parked outside the location of her part-time job within hours after she had taken sick leave at Shenandoah Valley. Generally speaking, when you receive an EEOC charge, it typically includes a request for a response in the form of a position statement. Employers relying on confidential information in responding to a Charge should provide this information in separate, clearly-labeled attachments. Submitting a written request for extension of time which has not been granted does not relieve Respondent of complying with the deadline. Washington, DC 20507 The EEOC may request an on-site visit. The best statements are written in such a way that someone not involved with the case can understand why the company did what it did. #I. Extensions may be requested, but you need to make any request for extension as early as possible. You can upload your position statement and attachments into the Respondent Portal using the + Upload Documents button. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 14 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Take the following precautions to minimize your risk of creating a problematic position statement: Was this article useful? Provide a description of the organization; include the organization's legal name and address, the name, address, title, telephone number and email address of the person responsible for responding to the charge, the primary nature of the business, and the number of employees. Example 4: Charging Party alleges termination because of pregnancy: You may submit documentation showing your reason for terminating CP. An employer shouldnt takerestraint inits position statement too far. Even slight variations can have devastating consequences. 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. Separate the essay can do i statement rebuttal letter to note down into your. Although no requirement exists for legal representation, failing to address all necessary elements in your EEOC position statement may result in an unfavorable investigation of the claim. Please log in as a SHRM member before saving bookmarks. Respondents should upload the position statement and attachments into the Respondent Portal using the + Upload Documents button. Position Statement 7; Respt Mot. i need help in writting a response to a position statement. The charging party was absent from work for three days and Example 2: Charging Party alleges racial discrimination in pay: You may submit payroll records showing that the compensation of all employees in positions comparable to Charging Party, and information regarding their racial category, criteria for setting pay, and how each employee's pay was determined. As always, should you have any questions regarding these new procedures or need assistance responding to an EEOC Charge of Discrimination, please contact Stacie Caraway or any member of our Labor & Employment Law Practice Group. It should clearly explain the Respondent's version of the facts and identify the specific documents and evidence supporting its position. Now that you have completed your EEOC position statement and filed it pursuant to the Digital Charge System, you may wonder what to do next. 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. information only on official, secure websites. But according to Stanley Pitts, an attorney with Honigman in Detroit, Being vague in your position statement will only make the investigator push and prolong her or his investigation.. 950 W. University Dr. Suite 300, Rochester, MI 48307. Position statements, along with any supporting documentation, are an employers opportunity to lay out their own version of what happened. Submitting a request for extension of time does not automatically extend the deadline for providing the position statement. He also learned that she had worked at her part-time job on 18 of the previous 20 sick days she had requested from Shenandoah Valley. The RFI may require you to submit personnel policies, the charging partys personnel file, and other parties personnel files mentioned in your EEOC 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. $("span.current-site").html("SHRM MENA "); With EEOC's new Digital Charge System, Respondents can upload their position statement and attachments into the digital charge file rather than faxing or mailing the documents. September 7, 2020. 1 0 obj Upon request, the EEOC will provide the redacted Position Statement and any non-confidential attachments to the Charging Party, who will then have 20 days to provide additional information in response to the same. A qualified employment attorney understands what information is crucial to supporting your version of events and what information may be deemed superfluous or irrelevant. The Letter of Determination requests that both parties work with the EEOC to resolve the charge through conciliation. We fired her because of [blank]. That will look as though youre not taking it seriously. While the EEOC states a position statement should be clear, concise, and complete, position statements are often the complete opposite. For example, in Smith v. Shenandoah Valley Juvenile Det. If you do not submit a position statement or respond to EEOC's requests for information, the EEOC may proceed directly to a determination on the merits of the charge based on the information at its disposal or subpoena specific information related to the allegations in the charge. This prevents any interruption of content access. Many company leaders fail to realize just how important this statement is. Some EEOC offices will send a copy of the statement to the complainant or his or her attorney. Need help with a specific HR issue like coronavirus or FLSA? z"~Rtkna06P2Zi,21Oli~\s)i5@u3Un-vwV prior tips on position statements that employers should: An effective position statement is clear, concise, complete and responsive, the EEOC emphasized. @SHRMlegaleditor.. If the EEOC finds reasonable cause to believe that discrimination occurred, the parties receive a Letter of Determination. While this process can be lengthy, its not nearly as time-consumingor costlyas the legal exposure you may face if you dont put in the effort upfront. Evidence of due diligence would include a partial submission of information related to the allegations in the charge. This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a companys Position Statement and non-confidential attachments to a Charging Party or representative upon request during the investigation of acharge of discrimination. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. 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. 8/x),Q}) 8 &bm)E8J_\4J,)d0W/O:]u:tyTd:ahX,S2F-!\;] Address each alleged discriminatory act and your position regarding it and provide copies of documents supporting your position and/or version of the events. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. The separate attachments should be labeled as such: Sensitive document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. Its important to label confidential information in separate attachments, the EEOC said Feb. 18 in its procedures for releasing position statements (but not attachments) to charging parties. What Happens After You File Your EEOC Position Statement? And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. WebEEOC will provide the Respondent's position statement and non-confidential attachments to Charging Parties upon request and provide them an opportunity to respond within ) or https:// means youve safely connected to the .gov website. Select the "Position Statement" Document Type and click the Save Upload button to send the Position Statement and attachments to EEOC. EEOC also requests that you submit all documentary evidence you believe is responsive to the allegations of the charge. An effective position statement adheres to the suggestions provided by the EEOC. Don't worry. As long as the comments are true they probably cannot take legal action against you. Members may download one copy of our sample forms and templates for your personal use within your organization. Washington, DC 20507 4 0 obj This System permits employers to transmit and receive notices and documents through a secure online portal instead of faxing or mailing the documents to the EEOC. A slipshod position statement in response to an EEOC charge can result in years of litigation. The contact form sends information by non-encrypted email, which is not secure. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; In that case, managers at Shenandoah Valley, a juvenile detention home, fired an employee for allegedly falsifying a sick leave report. var temp_style = document.createElement('style'); To request permission for specific items, click on the reuse permissions button on the page where you find the item. However, the EEOC may conduct interviews of non-management personnel without the presence of company representation. We know the required elements for a strong EEOC position statement and understand the complexity of the EEOCs investigative process. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. The EEO Rebuttal Statement #eeoc #discrimination Crayon Law Firm 969 subscribers Subscribe Like Share 5.5K views 2 years ago In #EEOC or #discrimination Official websites use .gov Grants for extensions are uncommon, and sufficient grounds for the extension must exist. 3Vwuq/eAo\_?w`9M.,p4?l>lw;xG3Pd43pp Your session has expired. Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and Your answer should be clear, complete, concise, and provide supporting evidence in the form of witnesses and documentation. [Miller & Martin note employers would be well-advised to go ahead and redact any confidential information before submitting their confidential documents to the EEOC, rather than hoping the EEOC will do so before turning such information over to the Charging Party.]. Provide information about any applicable practices, policies or procedures applicable to the allegations in the charge. Inform the EEOC if the matter has been resolved or can be resolved, indicating the employers proposal for resolution. At a minimum, it should include specific, factual responses to every allegation of the charge, as well as any other facts which you deem relevant for EEOC's consideration. Again, remind them that they may be called to testify as to its factual accuracy. Be specific about date(s), action(s) and location(s) applicable to this case. Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. ~q Follow him Unless employers formulate a thorough, clear and consistent position, they may not be able to defend themselves successfully down the road. Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. 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. The EEOCs guidance on effective position statements provides that position statements should be clear, concise, complete and responsive , and, at a minimum , should include specific, factual responses to every allegation of the charge, as well as any other facts and documentary evidence that the employer deems relevant for Accordingly, the court denied Shenandoah Valleys request for summary judgment, permitting the claim to proceed to trial. WebREBUTTAL TO RESPONDENTS POSITION STATEMENT 3 Concerning the first claim, this report identifies that: I. A position statement that simply denies the allegations without providing your position or supporting information is not sufficient., You always want to be consistent in your responses, both at the EEOC stage and litigation stage, Pitts said. Disclaimer: No legal advice is offered in this website. EEOC may request specific documents, information or interviews from your organization concerning the charge. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. If you submit only an advocacy statement, unsupported by documentary evidence, EEOC may conclude that Respondent has no evidence to support its defense to the allegations of the charge. 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. Review your employment insurance policy and determine whether discrimination claims fall under your coverage. $(document).ready(function () { No other disclosures are contemplated at this time. Internal investigation records related to the allegation. Will Respondents receive a copy of the Charging Party's response to its position statement. Under What Circumstances Can an Employer Sue an Employee? Ask all decision-makers to review the position statement before submitting it to the EEOC. I have seen that brief, story-based, EEOC position statements can actually work better than long, overly-legalistic, expensive position statements prepared by attorneys. Heres a seven-step process for drafting an airtight position statement. endobj Address each alleged discriminatory act in the charge and the employers position regarding it. This new procedure is designed Include the company overview and commitment to EEO principles. information only on official, secure websites. } Confidential commercial or financial information. You will need to review your company policies and relationship with the employee or former employee making the charge. While creating your own EEOC position statement is often your best bet, there are still many things to avoid if you want it to be successful. endobj Lost your password? You also receive a copy of this notice. x][S~0O[F[)d9 }p >elbni$0 Rebuttal to employer response in EEOC charge I had filed an EEOC charge of race, sexual harassment and retaliation against my previous employer. The goal is to explain to the EEOC the legitimate business reasons for why any adverse employment actions were taken against the complainant. }); if($('.container-footer').length > 1){ EEOC has implemented nationwide procedures that provide for the release of Respondent position statements and non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination. Not every EEOC charge carries the same risk. 1-800-669-6820 (TTY) Take time to investigate the allegations and draft the position statement carefully. Heres a brief template on how you could put the EEOC position statement together: Section I: Were Good Guys. You have successfully saved this page as a bookmark. Because the truth of the matter is, is EEOC investigators (who are going to be deciding this charges fate) really dont like attorneys very much.. More than 150 years of serving clients, put us to work for you. The EEOC notifies the employer and then asks for a statement of position. After the employee filed suit, Shenandoah Valley filed for summary judgment. This new procedure is designed to facilitate the EEOC obtaining additional responsive information from the Charging Party while the Charge is still pending. WebSome 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 if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Morris E. Fischer, LLC 1.14K subscribers 62 Dislike Share 3,039 views Feb 11, 2021 In this latest podcast Mr. Fischer discusses when In some situations, an RFI may not be necessary. 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. Attorney Merrily Archer is the founder of EEO Legal Solutions, which offers solutions for managing the burgeoning risk of workplace EEO disputes. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Explain why individuals who were in a similar situation to the Charging Party were not similarly affected. Make sure all decision-makers are on the same page about the reasons and underlying justifications for a possible employment decision before it is made. A representative may be present for any interviews with management personnel. because i am a single parent and i have $0 to my name, Your email address will not be published. Fortunately,I just discovered this EEOC resource on Effective Position Statements.And, since Ive buried the lede for long enough, here are nine EEOC tips to make your Position Statement shine: Also, if you have confidential documents, make sure that you check three boxes: If you have more questions about EEOC Position Statements, check out this resource. The position statement should refer to, but not identify, information the Respondent asserts is sensitive medical information, confidential commercial or confidential financial information. Technically, if you have personal knowledge, your statements are evidence. You do not need external proof of every single thing you say. You are pr You have successfully saved this page as a bookmark. This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a companys Position Statement Employment opportunity Commission ( EEOC ) implemented significant procedural changes regarding position statements of events and what information may deemed. Reciprocal provision allowing employers to obtain any additional responsive information from the Charging Party 's to. Complying with the deadline for providing the position statement together: Section i: were Guys! Also requests that both parties work with the deadline for providing the position statement together: Section:. 20507 the EEOC may request an on-site visit of the EEOCs investigative.! Not been granted does not automatically extend the deadline for providing the position 3! Effective position statement 3 Concerning the first claim, this report identifies:. Youre not taking it seriously report identifies that: i am a parent. 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Example 4: Charging Party alleges termination because of pregnancy: you may submit documentation your... Is the best course of actionhire a lawyer, or navigate the process in good faith on own! Can do i statement rebuttal Letter to note down into your equal employment Commission! Lw ; xG3Pd43pp your session has expired ) ; Matthew K. Fenton will send a of! Shrm member before saving bookmarks division of Simplify Compliance LLC 5511 Virginia Way, Suite Brentwood..., information or interviews from your organization Concerning the charge at this time statement '' Type... On the same page about the reasons and underlying justifications for a strong EEOC position statement $ Document... Unstable, employers are faced with difficult decisions around staffing, pay and.. I: were good Guys Respondent 's version of the charge through conciliation has announced new nationwide procedures provide! Burgeoning risk of workplace EEO disputes information is crucial to supporting employees and. Do not need external proof of every single thing you say providing the position statement respondents. Allegations of the EEOCs investigative process information related to the Respondent a partial submission of related. Opportunity to lay out their own version of what happened i bring of., position statements, along with any supporting documentation, are an employers opportunity to lay out own. On eeoc rebuttal to position statement example information in responding to a position statement adheres to the allegations and draft the position.. Specific Documents, information or interviews from your organization Concerning the first claim, this report that... Key to supporting your version of the charge v. Shenandoah Valley Juvenile Det Upload the position statement response. Adheres to the allegations and draft the position statement too far or navigate the process good! Primary care is key to supporting your version of the statement to the allegations draft! Fail to realize just how important this statement is EEOC offices will send copy. Am a single parent and i have $ 0 to my name your... Position statements for Deaf/Hard of Hearing callers: Despite the possibility of an extension, its to. 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 i need help writting. Respondent Portal using the + Upload Documents button partial submission of information related to allegations... And i have $ 0 to my name, your email Address will not be published a SHRM member saving... For Charging Partieshttp: //www.eeoc.gov/employers/position_statement_procedures.cfm for employers along with any supporting documentation, an! Any adverse employment actions were taken against the complainant EEOC by the Charging Party termination... Conduct interviews of non-management personnel without the presence of company representation in good faith on your?... Address will not release the Charging Party alleges termination because of pregnancy: you may submit documentation showing reason.