6 Steps to Consider After Receiving an EEOC Complaint
March 21, 2025
Be ready to address an EEOC discrimination complaint as an employer with these six essential steps.
Be ready to address an EEOC discrimination complaint as an employer with these six essential steps.
You’ve received a complaint from the Equal Employment Opportunity Commission (EEOC); now what?
When a complaint is received, it means that a current or former employee (charging party) is alleging they were discriminated against in the workplace based on a protected characteristic (race, religion, gender, age, disability, etc.). Keep in mind that the charge is an allegation of discrimination, not a decision of guilt. The complaint should be reviewed in detail and specific actions by the employer need to be set in motion.
Receiving an EEOC complaint can feel overwhelming, but by following these six steps, you can address the issue effectively while safeguarding your company’s reputation.
After the EEOC receives a complaint, they have 10 days to notify the employer. Companies can expect the notification to come via certified mail. This will include a link for the employer to log into the EEOC portal. The employer should follow the prompts and be prepared to provide information for the organization’s point of contact for the EEOC process.
Concurrently, the employer needs to report the EEOC complaint to their Employment Practices Liability Insurance (EPLI) carrier or broker. The sooner the EPLI carrier is placed on notice, the better. Most carriers have reporting deadlines for these types of claims, especially if the policy is a claims-made.
Most employers have either in-house attorneys or legal counsel on retainers, but it’s important to understand the terms of your EPLI policy regarding defense and settlement. Some policies allow the employer to utilize their own attorney with written approval, while others require the insurance carrier to retain the attorney to represent the employer.
In both scenarios, defense costs typically reduce the policy’s retention or deductible (the amount of loss a policyholder must cover before the policy activates). This is why it’s essential to report an EEOC complaint to your EPLI carrier as soon as possible.
Once an attorney is retained, he or she should advise the employer on the remainder of the process. However, there are a few critical considerations to keep in mind.
First, determine whether the charging party has legal representation. If so, neither the employer nor the attorney should discuss the complaint with them directly. If the charging party is still an active employee, the employer can communicate with them but only about typical job-related matters.
Mediation should be strongly considered, especially early in the process. This is a way to solve the complaint without going to court, and it is offered free of charge by the EEOC.
While it is a voluntary process, EEOC mediators are specialized in employment law, often helping disputes to be resolved quickly and cost-effectively. Additionally, if the case is sent to federal court, mediation will typically be ordered anyway if it was not utilized early on. Taking advantage of mediation early can save both time and resources.
If mediation is not successful in settling the case, the charge will move to the investigative stages.
The EEOC will assign an investigator. Normally, the first request from the investigator is for the employer to provide a position statement. This legal document can be requested and obtained by the charging party during the discovery phase. The attorney representing the employer should draft the statement. This is the employer’s opportunity to explain why the charges are incorrect or not illegal.
Typically, an employer has 30 days to provide the statement once the investigator requests it. Once the statement is received, the investigator will continue fact-finding to determine if a law was broken. Employers should always fully cooperate with the investigation process.
If the EEOC cannot determine that a law was broken, they will issue a ‘no probable cause finding’ and send the charging party a notice of Right to Sue. This notice allows the charging party to file a federal lawsuit within 90 days if they wish to pursue their case further. Additionally, the charging party has the option to request the Right to Sue if they feel that the investigation is taking too long.
If the EEOC determines that a law was broken, they will attempt to reach a voluntary settlement with the employer and the charging party. If a settlement cannot be reached, the case will be sent to EEOC legal staff or the Department of Justice (DOJ) to determine if that agency wants to file a lawsuit. If the DOJ does not sue, they will issue a notice of Right to Sue.
Understanding the EEOC complaint process is important for both employees and employers to ensure fair practices are upheld in the workplace. From filing a complaint to receiving a Right to Sue notice, each step is important.
When navigating the complexities of a workplace dispute, it is important to have reliable guidance. Reach out to a trusted advisor or an experienced attorney to make an informed decision.
This content is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.
