Your email address will not be published. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. UBS is an Equal Opportunity Employer. Make sure that your statement emphasizes workplace diversity. You may want to consider attempting an early settlement if the charge falls under any of the EEOCs hot-button topics. If an attorney conducts the investigation, be sure to discuss which materials and discussions may be treated as confidential or privileged. Other enforcement priorities are equal pay; harassment claims; caregiver and pregnancy discrimination; and "systemic bias" cases in which the alleged discrimination has a broad impact on an industry, profession, company or geographic area. Follow the directions on the EEOC charge notice. By highlighting this, youre emphasizing that termination is not a decision that was taken lightly. It is usually completed in one session that lasts from one to five hours. tips if you draft statements of position for the EEOC or state agencies. This is your opportunity to state your version of the events, and make your case as to why the allegations are either false or not illegal. Learn how integrated behavioral health rooted in primary care is key to supporting employees mental and physical well-being. 2) City claims that complainant failed physical. 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. Dismiss 5). 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. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Review all EEOC paperwork and make note of deadlines. The Charging Party's response will not be provided to Respondent during the investigation. For example, if a Black Charging Party was discharged for absenteeism can you identify non-Black employees who were also discharged for absenteeism. Keep it confidential. You have nothing to gain here. 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. 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. 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. The EEOC will inform the Charging Party of the right to request these documents. Its EEOC compliant so that Ongig can work with the government: We are an equal opportunity employer and value diversity. The words in your EEOstatement (which often appear in all yourjob postings)are also words that a candidate will measure you by. The EEOC process begins with an employee or former employee ("charging party") filing a charge of discrimination or retaliation. You will need to review your company policies and relationship with the employee or former employee making the charge. Please log in as a SHRM member. It was full of lies. The Commission is releasing the first formal document received from the Charging Party, the Charge, and the first formal document received from the Respondent, the Position Statement. If the employer's position statement is provided to a charging . Keep in mind that the position statement is not a time to throw in the kitchen sink regarding the employee or ex-employee at issue. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. Page Content Getting a charge from the U.S. There is no valid purpose to you making a statement in rebuttal to your employer while in an EEOC process. If an employee is complaining of racial discrimination, be sure to point out that workers of another race were treated in a similar way. As explained in more detail below, the charging party was discharged because of (stealing, excessive tardiness, absenteeism, etc.).". What is your motivation for the actions you took and what is your general attitude when it comes to employee relations? Indeed, it's the #1 claim individuals make at the U.S. If the investigation leads to litigation, your position statement could be used as evidence. Also, if you conducted an internal investigation with the assistance of counsel, keep in mind that some of that may be privileged under the attorney-client or work product privileges and, thus, that information should not be provided to the EEOC. If you think the RFI is too broad, talk to the EEOC investigator about narrowing the scope of the request. Equal Employment Opportunity Commission ("EEOC") of a Final Agency Decision, pursuant to 29 C.F.R. Will EEOC provide me or my representatives all the information submitted by the Respondent? May 6, 2016. 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. $("span.current-site").html("SHRM MENA "); Legal Note: You should talk with own attorneys/counsel about what compliancelanguage is necessary for your ownEEO statements in job postings. Share sensitive Houston, TX 77056 Next explain the circumstances and facts which form the basis for the non-discriminatory employment decision. As part of its program of equal employment opportunity, thePostal Service prohibits discrimination or harassment based on any of these categories. Acknowledge any positive comments mentioned in the evaluation. I read the position statement submitted to the EEOC by my former employer (major tech firm here in the Bay Area). Rebuttal to employer response in EEOC charge I had filed an EEOC charge of race, sexual harassment and retaliation against my previous employer. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Notify your insurer. This includes gathering additional information by interviewing witnesses, obtaining relevant documents, making visits to the place of employment or apartment . 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). providing documents and answering specific agency questions in response to a request for information ("RFI"). If mediation leads to an agreement, the EEOC will close the file. 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. You may want to include demographics of the companys workforce, as well. The investigation should entail thorough interviews with all relevant witnesses, including managers, supervisors, decision-makers, similarly situated employees and HR staff. It can take months after the original filing for the employer to submit a Position Statement. Typically, the business or organization will be required to provide the EEOC with a "statement of position" or "position statement." This statement of position is the employer's opportunity to tell its side of the story. They are often signed by the CEO or leader of an organization. Remember, if you are attaching a job description and responsibilities, also describe them succinctly in the position statement so the investigator is not required to sort through paperwork to find the relevant information. Preserve relevant documents. For individuals with disabilities who would like to request an accommodation. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. 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. A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. The position statement is essentially an official response to the allegations launched by the complaint. Lynn's Treatment at the Center. When you file a charge with the EEOC, you will be notified that you may request a copy of the Respondent's position statement in investigations in which Respondent submits a position statement. 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 . A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. Zayo does not discriminate on the basis of race, religion, color, sex, gender identity, sexual orientation, age, non-disqualifying physical or mental disability, national origin, veteran status or any other basis covered by appropriate law. Always use respectful language when referring to the charging party. Carefully review what you have compiled for accuracy and completeness. For more information about Respondent Position Statements, see: If possible, narrow the scope of the request. You can challenge the scope of a subpoena, but the EEOC will likely prevail if the information it seeks is relevant to the investigation. 1. Code for America is an equal opportunity employer. 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. Dismiss 5). EEOC Hearing for Federal Employment Discrimination Cases. Attach copies of job descriptions, if available. If you are ever concerned about potential litigation or feel uncomfortable drafting the position statement, you should contact your employment attorney for assistance. 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. These procedures apply to all EEOC requests for position statements made to Respondents on or after January 1, 2016. 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