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. A position statement is the employer's responsive statement to the claims presented in the employee's charge of discrimination. There is no valid purpose to you making a statement in rebuttal to your employer while in an EEOC process. 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. As such, be consistent and credible. Keep it confidential. In this part we provide guidance for responding to the charge. Keep in mind that the employee canreceive a copy of the position statement so be mindful of your tone, language and confidential information. An effective rebuttal letter should: Be brief, clearly presented and accurate. In some cases, the EEOC complaint may request something called a "position statement.". 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. Your email address will not be published. Next explain the circumstances and facts which form the basis for the non-discriminatory employment decision. Dont repeat yourselfAmazons EEO has 2 statements at the end of job postings saying the same thing: We believe passionately that employing a diverse workforce is central to our success and we make recruiting decisions based on your experience and skills. If the investigation leads to litigation, your position statement could be used as evidence. 1614.401. The Texas Workforce Commission is an agency of the State of Texas which does the same. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BALTIMORE DISTRICT OFFICE IN THE MATTER OF:] Current EEO File No. In addition, preserve relevant documents, keep information about the charge confidential and notify your insurer. Equal Employment Opportunity Commission (EEOC) complaints are a common threat that employers face. You should immediately contact the investigator assigned to your case. At Google, we dont just accept difference we celebrate it, we support it, and we thrive on it for the benefit of our employees, our products, and our community. depending on the judge's ruling and/or Agency's or Complainant's motions/responses, settlement. Policies often require prompt notice of claims, and charges involving discrimination are often included in claims. I read the position statement submitted to the EEOC by my former employer (major tech firm here in the Bay Area). Rather than simply stating that you are attaching the policies to the position statement, describe the relevant sections clearly and concisely so that the investigator does not have to spend time poring over lengthy exhibits. If an attorney conducts the investigation, be sure to discuss which materials and discussions may be treated as confidential or privileged. You will need to review your company policies and relationship with the employee or former employee making the charge. New Discrimination Charge Position Statement Procedures. Outline of the Hearing Process: The following is a typical hearing process. Always use respectful language when referring to the charging party. Page Content Getting a charge from the U.S. Explain the charging partys employment history, including all facts that are relevant to your defense of the charge. Retaliation charges have had the biggest increase. 1-800-669-6820 (TTY)
1. Cupertino jazzes up the otherwise boring EEO language used by many other employers. 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). EEOC Compliance Manual as additional guidance. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. Disability, age, religion and national origin charges have risen. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. This EEO statement might be my favorite of all. Indeed, it's the #1 claim individuals make at the U.S. It can take months after the original filing for the employer to submit a Position Statement. Simply, it is the employer's written explanation of non-discriminatory reasons for having taken the adverse employment action(s) about which the Charging Party-that's EEOC lingo for the person, i.e., your prospective, current, or former employee, who filed the charge-is complaining. As a follow up to that video, we want to highlight the EEOCsrecent updatedinformation and guidance regarding employer position statements. I do. As soon as the charge arrives, you want to review the allegations, identify the key players, and begin to organize your investigation. Suite 1850 In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement. A request for information, under EEOC guidelines, is typically a list of questions. 2023 BLR, a division of Simplify Compliance LLC 5511 Virginia Way, Suite 150 Brentwood, Tennessee 37027 800-727-5257 All rights reserved. Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. Applicants will not be discriminated against because of race, color, creed, sex, sexual orientation, gender identity or expression, age, religion, national origin, citizenship status, disability, ancestry, marital status, veteran status, medical condition or any protected category prohibited by local, state or federal laws. Information received relating to accommodation will be addressed confidentially. Good relationships with the investigators and agency personnel can be important to the final determination or outcome. The position statement constitutes a company's official response to a charge. You should ask them any questions that you may have about the Respondent's position statement. Moreover, a claimant who requests a copy of the employer's position statement will have 20 days to file a response with the EEOC. 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. THE CHARGE Ms. X alleges that she was discriminated against on the basis of her gender (female) and was retaliated against for complaining of alleged sexual harassment That confidential information should be provided in separate attachments and labeled as appropriate for (1) sensitive medical information, (2) confidential commercial information, (3) confidential financial information and (4) trade secret information. No. What if I have questions about the Respondent's position statement or I do not understand something that is mentioned in the position statement? tips if you draft statements of position for the EEOC or state agencies. Finally, wrap up your position statement with a firmly stated conclusion that the charging partys claim is not valid and that the company acted fairly. }
It should focus on the relevant facts, respond to each allegation in the charge, and identify specific documents, witness, or any other evidence supporting the Respondent's version of the facts and/or any other facts and documentary evidence deemed . Equal employment opportunity (EEO) is not only a legal requirement under our nations laws, but also a business imperative. Employers should be specific in position statements they submit to the EEOC, and must recognize that those position statements and supporting documents will now routinely be sent to the charging party for further response, under new guidelines and procedures issued recently by the EEOC. Here are some important but often-omitted sections: It should be obvious why the charging partys actions (presumably the actions that got them fired) would not be acceptable for the position. This updated guidance supplements previous EEOC guidance on position statements, including: The EEOC essentially provides that position statements should be clear, concise, complete and responsive.. They say that not only do they hire based on merit, but they fire based on merit. Charge Trends Over the past decade, changes in the number of EEOC charges filed have varied based on the type of charge: The RFI may ask you to submit copies of personnel policies, files and other relevant information. Austin, TX 78746 Through a simple press release on its website, the Equal Employment Opportunity Commission ("EEOC") recently announced new procedures allowing a charging party to obtain a copy of his or her employer's position statement (and "non-confidential" portions of exhibits) filed in response to a charge of discrimination. The investigator likely will ask you to submit a statement of position that allows you to tell the companys side of the story. The Charging Party's response will not be provided to Respondent during the investigation. Be nice, but remain firm on important points. In addition, it is also the policy of the Postal Service to prohibit discrimination or harassment based on marital status, status as a parent and past, present, or future military service. I also wrote this one which Ive used forOngigs own jobs. Spell out your companys EEO policies and procedures. An effective EEOC position statement should be precise and focused in its response and never contain irrelevant information. Can I request an extension to provide a response to the Respondent's position statement? Some steps may be skipped. While many employers will utilize the services of a lawyer to draft the position statement, it certainly is something that the employer itself can create. Retaliation is one of the most common employment claims pursued in court. New Orleans, LA 70130 A brief extension of time may be allowed to a party in particular cases, but only when it is clear that the Charging Party or Respondent is working with due diligence to supply all of the necessary information. Code for America is an example of a 2-pronged EEO statement. }
Explain how your company stresses the importance of following the policies and how the information is distributed to employees. We will provide accommodations during the recruitment process upon request. Please purchase a SHRM membership before saving bookmarks. All Rights Reserved. The position statement is where the company has the chance to defend their position. If the charging party is still employed, ensure that no retaliatory action is taken. The policy will apply to all position statements filed on or after January 1, 2016. After EEOC reviews the Respondent's position statement and attachments on a specific charge, EEOC staff may redact confidential information as necessary prior to releasing the information to a Charging Party or her representative. Its not just about complianceits about who you are and who you want to be. The purpose of this document is to explain how Respondents can draft effective position statements. As explained in more detail below, the charging party was discharged because of (stealing, excessive tardiness, absenteeism, etc.).". They are often signed by the CEO or leader of an organization. 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. Your response should focus on the facts and identify the specific documents and evidence supporting your allegations of discrimination or challenging the Respondent's position. Did an employee even write this EEO? Make sure you dont ignore a charge. It is usually completed in one session that lasts from one to five hours. 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. Finally, keep in mind that anything you say in the position statement should coincide with what you will allege in any potential subsequent litigation. Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. The attitude or tone you want to convey is that your company is a good company who is simply clearing up a misunderstanding. Keep their palo alto garage. Information that the EEOC considers confidential and that should be included in the separate attachments includes, but is not limited to (1) Social Security numbers, (2) dates of birth in non-age discrimination cases, (3) home addresses, personal phone numbers and personal e-mail addresses and (4) any reference to charges filed against the employer by other parties. Who made the decision? Early mediation can provide a faster and cheaper resolution by avoiding a lengthy investigation and possible costly litigation. These procedures apply to all EEOC requests for position statements made to Respondents on or after January 1, 2016. Textio embraces diversity and equal opportunity in a serious way. Amazon is committed to a diverse and inclusive workplace. Please log in as a SHRM member. 1-844-234-5122 (ASL Video Phone)
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. EEOC's resource guide for Respondents, "Effective Position Statements," advises Respondents to focus their position statements on the facts relevant to the charge of discrimination and to identify the specific documents and evidence supporting its position. By John Snyder - May 18, 2016. Hiring, transferring and promotion practices are performed without regard to the above listed items.). We support an inclusive workplace where associates excel based on personal merit, qualifications, experience, ability, and job performance. The investigation should entail thorough interviews with all relevant witnesses, including managers, supervisors, decision-makers, similarly situated employees and HR staff. Some EEOC investigators will forward a copy of the position statement to the employee or the employees attorney, and EEOC attorneys may also review the file. This is a Web Application Firewall (WAF) provided by Cloudflare, a leader in web application security, which is part of your StarChapter service. The EEOC is implementing nationwide procedures that will disclose employer position statements - submitted in response to charges of discrimination - to charging parties and their attorneys upon request during the course of the EEOC's investigation of the charge. 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. But its up to organizations to wield it in []. we recently released a video on our YouTube page outlining tips for crafting EEOC position statements, Discrimination In The Workplace Dallas TX, Employers should address each alleged discriminatory act in the Charge of Discrimination and the employers position in response, Employers should provide copies of any documents supporting their positions, Employers should provide information about any applicable practices, policies or procedures applicable to the allegations in the Charge of Discrimination, Employers should identify any individuals other than the charging party who have been similarly affected by the employer practices at issue, Employers should be specific about dates, actions and locations, Employers should provide information regarding any internal investigations of the alleged incidents, Employers should inform the EEOC if the matters has been resolved or can be resolved, including a proposal for resolution (if applicable). Sample Rebuttal Letter to Your Employer. The purpose of an EEO (Equal Employment Opportunity) statement is to comply with EEOC (Equal Employment Opportunity Commission) law but there's also a marketing aspect to it. If possible, you want to try and narrow the scope of what is being requested. It does not mean that you have violated the laws that the EEOC enforces. A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. The Department of Justice issued its Final Agency Decision on March 9, 2012, which it affirmed on April 13, 2012 in response to Mr. _____'s request for reconsideration. $("span.current-site").html("SHRM MENA ");
Share sensitive A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. Remove all technical jargon unless it is clearly explained in plain language. 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.). Request that the charge be dismissed. Requested URL: dshrm.org/downloads/_8_tips_for_an_effective_statement_of_position_in_response_to_a_charge_of_discrimination.pdf, User-Agent: Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/103.0.0.0 Safari/537.36. The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. Even employers that have prepared their own responses to EEOC charges in the past may now wish to consult with legal counsel to avoid missteps during . The new procedures provide for a consistent approach to be followed in all of EEOC's offices, which enhances service to the public. Heres an example of an opening statement: We appreciate this opportunity to set the record straight regarding the separation of employment for [Name]. Remember that EEOC investigators are generally not attorneys. Twenty-Fifth Floor - Plaza of the Americas. Review all EEOC paperwork and make note of deadlines. Its written in Plain English, mostly first person and drops all legalese. Together, we unite for equality and equity. How do I make a request for the Respondent's position statement? The more inclusive we are, the better our work will be.. You have successfully saved this page as a bookmark. However, an effective position statement is "clear, concise, complete and responsive.". Comcast is an EOE/Veterans/Disabled/LGBT employer. A well-drafted position statement with evidence, documentation and witness statements will help accelerate the investigation and could limit requests for additional information. Will the Respondent receive a copy of my response to its position statement? Note: Read This Before Using Document Again, you want to be thorough and make the investigators job as easy as possible, which could limit requests for more information. Any statement you provide will dog your strategy and choices in the future when/if you take your case to court. In most instances, the agency will be willing to work with you to narrow the scope of the requests to what is truly relevant to the charge. Their EEO Statement is: that sounds all well and good but compare it to Dells list of groups they want to be inclusive with: 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, by comparison, Wells Fargo looks like they are EXCLUDING some groups (e.g. Response to a charge and witness statements will help accelerate the investigation be. Clearly explained in plain language sample response to position statement eeoc based on merit, qualifications,,! Investigation should entail thorough interviews with all relevant witnesses, including all that. Firm on important points of following the policies and how the information is distributed employees. 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