Employers responding to federal workplace discrimination charges may have a lot less time to prepare their defense now – and missing the deadline could come with serious consequences. Although the Equal Employment Opportunity Commission (EEOC) has traditionally given employers 30 days to submit a position statement, we’re seeing reports that the agency recently started requiring responses in just 15 days, with little flexibility for extensions. Even more concerning, some employers have reportedly received unfavorable determinations shortly after missing these tight deadlines. The EEOC, however, hasn’t issued any guidance on this significant shift, so how can employers manage the new process? Here’s our four-step guide.
Past Practices at the EEOC
Employers have historically had 30 days to respond to an EEOC charge of discrimination by submitting a position statement explaining their side of the story. The EEOC also routinely granted extensions, so long as employers made a request in writing explaining why it was necessary. Employers commonly received an additional 30 days.
A New Approach
A 15-day response deadline halves the time employers have to investigate allegations, gather documents, interview witnesses, and prepare a meaningful response. Employers seeking extensions are also experiencing greater resistance, with some EEOC field offices denying requests altogether and others granting only limited...
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