A charge of discrimination is a signed statement alleging that an organization engaged in employment discrimination. It requests the Equal Employment Opportunity Commission (EEOC) take remedial action. In order to file a lawsuit for unlawful discrimination, most of the laws enforced by EEOC, except for the Equal Pay Act, require you first file a charge of discrimination.
You Received a Notice of Charge of Discrimination from the EEOC. What’s Next?
If you or your business receives a charge of discrimination from the EEOC regarding a current or former employee, you must maintain all records pertaining to that individual. Generally, upon receiving a charge of discrimination, you will have 30 days to submit a position statement. The position statement is fact-based and should clearly explain your version of the facts and include documents as evidence to support your position.
You may choose to resolve a charge through the EEOC’s mediation or settlement programs. During voluntary resolution proceedings, the EEOC may toll the 30-day deadline. If you or your business receives a charge of discrimination, you should retain a competent litigation attorney familiar with the EEOC to represent you.