When an employee files an EEOC complaint that alleges discrimination, Colorado businesses should file an employer EEOC position statement. This response to the discrimination complaint is very important.
When your employee files a discrimination with the Colorado EEOC, the EEOC can investigate to determine whether there is a reasonable cause to believe discrimination occurred.
The Colorado EEOC will ask both the Charging Party and the employer to provide information as part of its investigation. EEOC may request specific documents, information or interviews from 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.
62% of Colorado EEOC position statement responses fail and tend to lead to litigation.
Why is this?
Employer position statements are unclear, not concise, incomplete and non-responsive. The EEOC has made it clear that if your position statement simply denies the allegations without providing your position or supporting information it will not be effective.
When responding to an EEOC Charge, 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.
Failure to explain why individuals who were in a similar situation to the Charging Party were not similarly affected.
How you respond can make the difference between the Colorado EEOC finding the employer liable for discriminatory actions under Title VII that can lead to the filing of a lawsuit in Colorado courts.
An employer’s employment defense to the EEOC statement starts when the employee submits a discrimination claim. The contents of this response will surface again should litigation arise against you.
- Avoiding some of the above costly mistakes is essential at the investigation stage.
- Conduct an internal investigation and gather the facts before responding with your Colorado EEOC position statement.
- What you say and how you say it is paramount to the final outcome.
Responding to Colorado EEOC Complaints: The EEOC rebuttal process: When responding to the employer complaint, your EEOC position statement should address all issues and facts alleged by the employee. Many employers make the mistake of generalizing their responses. This can lead to disastrous results and ultimately a finding of employer discrimination.
Submitting an Effective Employer EEOC Position Statement to the Colorado EEOC Under Title VII
The next step of responding to an EEOC Charge 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.
Submitting an effective employer EEOC position statement in response to the EEOC complaint under Title VII also requires Colorado employers to submit any documents that support any adverse action against the employee.
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.
If you are a Colorado employer and need help responding to an employment discrimination EEOC statement under Title VII and help with your Colorado EEOC position statement, contact our Denver employment discrimination defense lawyers at 1-866-601-5518 for a FREE INITIAL CONSULTATION.