In some cases, the EEOC complaint may request something called a "position statement.". Dismiss 5). Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and. Dell will not tolerate discrimination or harassment based on any of these characteristics.. Mention any past or future positive interaction with the evaluator. Have others who are not in Charging Party's protected group engaged in similar conduct and been treated similarly? Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. Be sure to go over the relevant policies and procedures and gather all signed acknowledgment forms. Early mediation can provide a faster and cheaper resolution by avoiding a lengthy investigation and possible costly litigation. With these tips in mind, you should be able to craft an effective employer position statement. All employment decisions at Dell are based on business needs, job requirements and individual qualifications, without regard to race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV Status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations in the locations where we operate. Please log in as a SHRM member before saving bookmarks. On the flipside, if your words are too compliance-heavy, youll be interpreted asconservative or stodgy. However, you will not be required to provide a position statement until the mediation process is over. }); if($('.container-footer').length > 1){ The number of disability discrimination and retaliation charges has been on the rise, and charges based on age, gender and national origin discrimination also have increased. A lock ( 3. The Historic Hamm Building Not be accusatory or negative in tone. For example, saying an employee was laid off for "business reasons" won't cut it. While a charge does not mean that the EEOC has determined your company or an employee engaged in discrimination, it does mean that there is some basis for an investigator to look into it. We celebrate diversity and are committed to creating an inclusive environment for all employees.. A well-drafted position statement with evidence, documentation and witness statements will help accelerate the investigation and could limit requests for additional information. The position statement is also where you should provide evidence of consistent past decisions that demonstrate nondiscrimination. Are You Meeting Your Teams Workspace Expectations? It does not mean that you have violated the laws that the EEOC enforces. You may want to consider attempting an early settlement if the charge falls under any of the EEOCs hot-button topics. 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. Most agencies have "canned" requests for information depending on whether the charge alleges a discharge, denial of promotion, failure to hire, etc. Start strong with an introductory paragraph that denies any discrimination or retaliation and provides a brief summary of the companys position. As a follow up to that video, we want to highlight the EEOCsrecent updatedinformation and guidance regarding employer position statements. depending on the judge's ruling and/or Agency's or Complainant's motions/responses, settlement. How much time does EEOC give the Respondent to submit its position statement? All employment is decided on the basis of qualifications, merit and business need.. Example: "This letter responds to the charge of discrimination filed on (date) by (name of charging party), in which the charging party alleges (he or she) was discharged because of (sex, race, age, religion, etc.). :] EEOC 123-45-6789X Ive Ben Wronged, ] ] Complainant, ] ] vs. ] ] AGENCY #1-H-234-4567-89 Secretary, Department of the Navy, ] OFO Appeal #01234567 ] Agency. ] XYZ Company Incorporated, 32 Airport North Road, City, Date ()Dear Sir,RE: EMPLOYMENT REBUTTAL LETTERI received and appreciate your evaluation of my performance in your company for the past one year. You have successfully saved this page as a bookmark. Tesla is an equal opportunity employer. However, an effective position statement is "clear, concise, complete and responsive.". Employers will generally have 30 days to submit a Position Statement with attachments to the EEOC through a new Digital Charge System. Resist the temptation to put minimal effort into your response. 1-800-669-6820 (TTY) Next explain the circumstances and facts which form the basis for the non-discriminatory employment decision. No, your response will not be provided to Respondent during the investigation. For example, if the Charging Party is complaining about age discrimination and was within the protected age group at the time hired, note Charging Party's age when hired. Equal Employment Opportunity Commission ("EEOC") of a Final Agency Decision, pursuant to 29 C.F.R. Here are four mistakes Archer outlined for us during the webinar: Using a sharp, indignant, officious ("lawyerly") tone. The EEOC recommends that you include the following information in your position statement: A description of your organization, including the legal name, address, and number of employees. } This Standard Document has integrated notes with important explanatory notes and drafting tips. Indeed, it's the #1 claim individuals make at the U.S. The Charging Party's response will not be shared with the . The company strongly denies the charge and maintains that there is no evidence to support the allegations. In addition to the update on confidentiality, the EEOC also outlined that employers should provide position statements within 30 days of the request but may request extensions of that time. Heres a brief template on how you could put the EEOC position statement together: For more information on creating an EEOC position statement, order the webinar recording of EEOC Position Statements Explained: Your Organizations Response to Discrimination and Retaliation Charges. To register for a future webinar, visit http://store.blr.com/events/webinars. Do not include anything in the position statement that you would not want quoted at a trial. If needed, request additional time as soon as possible. Explain the nature and importance of the job. You may want to include attendance records, e-mails and reports that support your explanation. A persuasive, thorough response to a charge of discrimination will substantially lessen the odds of an adverse determination by the agency and of a subsequent suit by the Charging Party. Saint Paul, MN 55102 No. Getting a charge from the U.S. 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. The new procedures apply to all EEOC requests for position statements made on after January 1, 2016, and, in an effort to standardize the investigation process, the procedures apply uniformly across the country. Policies often require prompt notice of claims, and charges involving discrimination are often included in claims. When faced with an EEOC charge, typically one of your first requirements will be to respond with whats known as a position statement. The attitude or tone you want to convey is that your company is a good company who is simply clearing up a misunderstanding. For example, in an age case, what are the demographics of the company's work force? First impressions can be lasting. What led the company to take the adverse employment action? However, an investigator will usually be willing to narrow the scope of an information request if you contact him or her in a timely manner and explain your position in a polite and reasonable way. To disprove a charge of discrimination, explain why similarly situated employees were or were not treated the same way as the charging party. Everything is based on merit! While the . We respect and seek to empower each individual and support the diverse cultures, perspectives, skills and experiences within our workforce. In most cases, EEOC requests that the Respondent submit a statement of its position (known as a "position statement") with supporting documentation. Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. It is the policy of the Postal Service that all employees and applicants for employment be afforded equal opportunities in employment without regard to race, color, sex (including pregnancy, sexual orientation, and gender identity including transgender status), national origin, religion, age (40 or over), genetic information, disability, or retaliation for engaging in an EEO-protected activity. 214-871-8200, One Riverway info@eeoc.gov The Charging Party's response will not be provided to Respondent during the investigation. Being helpful, responsive and professional from the start can make all the difference in the final outcome. In larger companies with trained and experienced human resources professionals, and depending on the complexity of the charge, responding to the charge can often be handled in-house. The attorney can ensure that relevant facts are gathered, appropriate documents are reviewed and proper recommendations are made. EEOC. $(document).ready(function () { We do not discriminate on the basis of race, color, religion, marital status, age, national origin, ancestry, physical or mental disability, medical condition, pregnancy, genetic information, gender, sexual orientation, gender identity or expression, veteran status, or any other status protected under federal, state, or local law.. Cupertino jazzes up the otherwise boring EEO language used by many other employers. Time is of the essence. The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. October 31, 2017 by Rob Kelly in Diversity and Inclusion, Tags: Compliance EEO Statement Plain English Textio, How to Write a Job Description Best Practices & Examples, 4 New Tools to Help You Write More Diverse Job Descriptions, 10 Examples of Awesome Diversity Statements, 10 Examples of Great Inclusion Statements, 6 Key Steps for Job Description Management Software, Top 7 Augmented Writing Tools for Job Descriptions, 100+ Creative & Funny Job Titles [by Department & Position], 10 Examples of Awesome Inclusion Statements, Equal Opportunity Policy Statement Templates, Section 60-1.41 of the EEOC law on job advertisements, The Human Rights Campaign called out the Department of Commerce, Equal Employment Opportunity Policy template, Equal Opportunity Employer Policy (EEO policy statement). Rebuttal to employer response in EEOC charge I had filed an EEOC charge of race, sexual harassment and retaliation against my previous employer. A request for information, under EEOC guidelines, is typically a list of questions. These 10 tips will help you prepare to respond: 1. Their first sentence uses affirmative language (Code for America values a diverse workplace They follow that up with a second paragraph that has more of the kitchen sink EEO Statement in which they mention all the groups of people thatwillnot be discriminated. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Required fields are marked *. Retaliation is one of the most common employment claims pursued in court. As part of its program of equal employment opportunity, thePostal Service prohibits discrimination or harassment based on any of these categories. This one catches my eye because they combine the EEO with accommodation language in one paragraph: KUBRA is an equal opportunity employer dedicated to building an inclusive and diverse workforce. If possible, you want to try and narrow the scope of what is being requested. If the EEOC asks for information and you dont provide it, the agency can (and likely will) subpoena it. I had initially submitted supporting documentation to the EEOC, which, as it turns out, contradicts much of what is contained in the Position Statement. $("span.current-site").html("SHRM MENA "); The EEOC process begins with an employee or former employee ("charging party") filing a charge of discrimination or retaliation. We support an inclusive workplace where associates excel based on personal merit, qualifications, experience, ability, and job performance. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BALTIMORE DISTRICT OFFICE IN THE MATTER OF:] Current EEO File No. The investigator will review your response and discuss with you the next steps in the investigation which may include requesting additional information from you or the Respondent. Information about the charge should be shared on a strict need-to-know basis. What type of information is "confidential" that EEOC may not release? This EEO statement might be my favorite of all. If the charging party is still employed, ensure that no retaliatory action is taken.