When an employee files an EEOC complaint that alleges discrimination, Colorado employers should immediately file an employer EEOC position statement rebuttal. This response to a charge of discrimination is very important. When your employee files a complaint with the Colorado EEOC, it can investigate you to determine whether there is a reasonable cause to believe discrimination occurred.
Discrimination rebuttal letters should not be taken lightly. What you say, or don’t say, in your response can haunt you in the event of litigation.
The key to writing an effective employer position, you want to make sure that you include a response to each and every allegation. Leave nothing for guessing. You also want to make sure that you include any supporting documents or evidence to support your rebuttal.
How You Respond to the EEOC as an Employer Can Make the Difference in no Case Being Filed Against You and a Huge Jury Verdict Against Your Company
The general approach is to get to the bottom of the complaint and file detailed responses with the help of legal counsel. the risks and liabilities are just too high for an employer to deal with it any other way. The below information creates some insight. The basics are covered only.
After the allegation becomes official, the Colorado EEOC will then ask both the Charging Party and the employer to provide information as part of its investigation. EEOC may request specific documents, information or interviews with your company about the charge. In most cases, EEOC requests that the employer submits a statement of its position (known as an ” employer position statement”) with supporting documentation.
Are You Planning to Respond to the EEOC on Your Own?
If you are planning on filing a response to the EEOC without help, there are a few things that you should be aware of.
- You must articulate a non-discriminatory reason for the alleged action complained about. The more detail to support your decision, the better.
- Avoid focusing solely on other things that the employee did. Employers should mention them. However, the main focus should be on the alleged bad act and why it occurred.
- When you submit your employer’s response, then what you say will count against you if there is a subsequent lawsuit filed.
Employer Discrimination Rebuttal Process
The EEOC position statement rebuttal process makes it clear that if an employer only denies the allegations without providing supporting information and defenses against discrimination it will not be effective and it will eventually provide the employee with a positive right to sue letter. Therefore, CEOs may run the risk of responding with an EEOC rebuttal letter that does not include all of the facts and circumstances.
- Giving the government an open door to rule in favor of the employee is not an option.
Tips on Employer Position Statement Rebuttals & Responding to a Charge of Discrimination
When deciding how to write an EEOC response in Colorado, failure to provide all relevant documentation and evidence you believe to be responsive to the allegations of the charge can harm your case in the long run. The impact on your case starts here as an employer.
- Building employer defenses to discrimination claims mean explaining why individuals who were in a similar situation to the Charging Party were not similarly affected.
- Was there an internal process that the employee did not follow?
Knowing how to write an EEOC position statement in a convincing manner can make the difference between the Colorado EEOC finding the employer liable for discriminatory actions under Title VII and an adverse decision that can lead to the filing of a lawsuit in Colorado courts.
Complete Responses to the EEOC Will Help the Investigation Process
Rebuttal in the investigation process – When responding to the employment discrimination complaint, your position statement should address all issues and facts alleged by the employee in addition to your defenses against the discrimination charges. Many employers make the mistake of generalizing their responses. This can lead to disastrous results and ultimately a finding of employer discrimination by the EEOC.
Effective Employer Position Statement Rebuttal to the Colorado EEOC Under Title VII
As stated earlier, you want to at least develop detailed and factual responses to any EEOC allegation of discrimination, wrongful termination or other allegations in the EEOC Charge.
- Explain your version of the facts
- Describe your reasoning for the alleged adverse decision that you made
- 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. The position statement should clearly explain the Respondent’s version of the facts and identify the specific documents and witnesses supporting its position.
- Explain to EEOC any applicable practices within the industry.
- A well-drafted position statement can help EEOC accelerate the investigation and limit requests for additional information.
- Remember that requests for an extension are often granted if you cannot comply with the requested due date.
The next step of how to write an employer Rebuttal in Colorado is critical, you may also want to contact your Employment Practices Liability Insurance Company to see whether or not you have any coverage. Retaining legal counsel can prove beneficial when addressing sensitive issues because the preservation of confidential information is equally important in the EEOC investigation process.
Submitting an effective employer position statement rebuttal for age discrimination, gender, national origin ( or any other areas) in response to the discrimination complaint under Title VII also requires Colorado employers to submit any documents that support any adverse action against the employee.
Avoid Common EEOC Claim & Employer Position Statement Rebuttal Mistakes
When the EEOC notifies you that a complaint has been launched against you never put off a response or ignore it. First, you want to quickly understand the substance of the complaint. What has the employee alleged? This is critical to developing an effective EEOC rebuttal letter. You have choices in the process but one of them is not to make the mistake of ignoring the complaint. Other mistakes include:
- Failure to discuss individuals other than the complaining who have been similarly affected by these practices, policies or procedures
- Failure to show how your policies and been evenly applied
- Failure to conduct internal investigations of the alleged incidents
- You forget to submit relevant personally identifiable information
- Downplaying the importance of providing identifiable information of witnesses
- Failure to keep sensitive medical information confidential
Have your lawyer develop detailed responses (avoid general denials)
Effective position statement rebuttal and response to EEOC charge of discrimination are filled with details, times, who and when. As an employer, you want to craft a convincing legal reason for the alleged adverse action. Again, this is where legal counsel can b of great value.
- Conclusions and general denials should be avoided at all costs. This is one of the most common mistakes when drafting employer position statements.
- Understand that the EEOC can release of a copy of your position statement rebuttal to the employee’s legal representative for a response. The EEOC will more than likely assess the credibility of each party’s response
- Submit a position statement that is detailed and factual and supports a non-discriminatory reason why you made the decision
When businesses focus on the alleged facts, the EEOC investigation can move along faster. Sometimes the investigator may ask for additional information. Employers must articulate a viable non-discriminatory reason for the adverse action.
See How We Can Help Employers With Discrimination Defense Cases
If you are a Colorado employer and need help responding to an EEOC charge of discrimination or help with how to write an EEOC position statement rebuttal in Colorado, guidance through the rebuttal process, contact our Denver employment discrimination and employer defense attorneys at 1-866-601-5518 for a FREE INITIAL CONSULTATION.