The U.S. Equal Employment Opportunity Commission is the governmental entity responsible for enforcing federal laws, which make discrimination based on a person’s color, religion, sex, race, national origin, age, or disability illegal. The laws protect not only employees but also job applicants and apply in a variety of types of work situations.
Should an individual have a complaint against an employer, the individual must first file a Charge of Discrimination with the EEOC before filing a lawsuit. The employer then has ten days to respond with a Statement of Position.
While a charge does not mean your company is guilty of discrimination, it is the beginning of an investigation into the situation. The paralegals at Virtual Paralegal Services are trained to assist with drafting complete and detailed responses to EEOC discrimination claims.
What to Include in a Statement of Position
The Statement of Position is the employer’s first opportunity to tell their side of the story and has the ability to set the tone for the investigation. The statement should present the facts and address the allegations against the employer.
This is the section to let the EEOC know about your company. Give them background information and your standing in the industry. Make sure to inform them that you take discrimination seriously and actively follow anti-discrimination laws in the workplace.
Summary of Facts
Give a detailed timeline of the individual’s involvement with your company. Start with the date they began work and complete the timeline until the present date. Make sure to document all information you have regarding the individual’s employment including any instances of discipline.
It is important to also document the employee’s performance during the course of their employment. Any information to show the action taken by the employer was as result of the employee’s conduct calls into question that the action was a result of discrimination.
It is important to be as detailed as possible. Include specific dates and times of all meeting and employment violations. For each communication with the employee, include who was present, what was stated, how the employee responded, and attach any relevant documents. Was the employee counseled on how to correct their actions? If so, document that the employer was proactive in attempting to correct the employee before taking more serious action.
Analysis and Conclusion
End the statement by convincing the Equal Employment Opportunities Commission that based on all the information and detail provided, the conclusion should be that there was no discrimination by the employer. Explain that as a result of everything stated, the employer had no option but to terminate the employee and it was in no way related to race, sex, disability, or any other illegal discrimination.
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Once the investigation is complete, the EEOC will determine whether the employee can proceed with a lawsuit. The statement of facts is a vital document to the investigation and must be handled with care. Contact Virtual Paralegal Services today to assist in responding to an EEOC charge against your company.