. 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. For more information about Respondent Position Statements, see: and stands out for using positive words such as celebrate and thrive. Violations of the laws administered by the EEOC (and State agencies which administer state employment laws) are a threat to employees everywhere. For example, in an age case, what are the demographics of the company's work force? Some steps may be skipped. 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. 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 . There is no valid purpose to you making a statement in rebuttal to your employer while in an EEOC process. Next Steps. Mediation is entirely voluntary, and both parties must agree to participate. Heres an example of an opening statement: We appreciate this opportunity to set the record straight regarding the separation of employment for [Name]. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Your session has expired. At the start of an investigation, the EEOC investigator will let you know whether the charge is eligible for mediation at no charge. It also answers the question Why (the more inclusive we are, the better our work will be). 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.. They say that not only do they hire based on merit, but they fire based on merit. Ask yourself if a neighbor, friend or potential juror would find the response persuasive and thorough. Required fields are marked *. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Give me a shout if youd like to see how Ongigs Text Analyzerhelps you write the best EEO statements and every other part of your job descriptions. The goal is to explain to the EEOC the legitimate business reasons for why any adverse employment actions were taken against the complainant. EEOC Says Yes. Suite 400 The number of. Please confirm that you want to proceed with deleting bookmark. EEO is a critical component of the Postal Services efforts to recruit, develop, and retain the most qualified, diverse workforce to support our organizations strategic mission of delivering to every household in America. Delays in responding to agency requests can extend this time. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. A lock ( document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. Leading off with Our goal is unique. Next explain the circumstances and facts which form the basis for the non-discriminatory employment decision. During the investigation, you will also want to review all relevant documentsnot just the charging partys personnel file but also the files of supervisors and others involved. var currentUrl = window.location.href.toLowerCase(); var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The new procedures provide for a consistent approach to be followed in all of EEOC's offices, which enhances service to the public. The procedures will also provide EEOC with better information from the parties to strengthen our investigations. A well-drafted position statement with evidence, documentation and witness statements will help accelerate the investigation and could limit requests for additional information. II. If the employer's position statement is provided to a charging . The words in your EEOstatement (which often appear in all yourjob postings)are also words that a candidate will measure you by. Sample Rebuttal Letter to Your Employer. If an attorney conducts the investigation, be sure to discuss which materials and discussions may be treated as confidential or privileged. It is simply the employer's opportunity to share its version of the facts. Then take a fresh look at it after any revisions are made. 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. If it does not lead to an agreement, the charge will be sent back to the investigator for investigation. Currently, these include employment screening based on arrest or conviction records, credit history, or unemployment status (due to the potential disparate impact that these types of screening could have on minority groups). Our goal is to be a diverse workforce that is representative, at all job levels, of the citizens we serve. Address any "bad facts" with the best explanation you have, but be careful not to exaggerate or stretch the truth. 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. EEOC has instructed Respondents to put the following information into separate attachments: EEOC generally provides the Respondent with 30 days to gather the information requested and submit its position statement and attachments. The interview is a good time to ask those involved to refrain from discussing the charge or the investigation with co-workers or anyone outside the company, in order to maintain the integrity of the investigation. ADP is committed to equal employment opportunities regardless of any protected characteristic, including race, color, genetic information, creed, national origin, religion, sex, affectional or sexual orientation, gender identity or expression, lawful alien status, ancestry, age, marital status, or protected veteran status and will not discriminate against anyone on the basis of a disability. Will the Respondent receive a copy of my response to its position statement? If an employee is complaining of racial discrimination, be sure to point out that workers of another race were treated in a similar way. If the charging party is still employed, ensure that no retaliatory action is taken. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { The Charging Party's response will not be shared with the . Everything is based on merit! Consider whether you or an attorney who specializes in employment matters should respond to the EEOC. A request for information, under EEOC guidelines, is typically a list of questions. Its written in Plain English, mostly first person and drops all legalese. You may want to consider attempting an early settlement if the charge falls under any of the EEOCs hot-button topics. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Also include the name and contact information of the individual responsible for responding to the charge. Attorney Merrily Archer is the founder of EEO Legal Solutions, which offers solutions for managing the burgeoning risk of workplace EEO disputes. 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. This may require contacting technology staff to avoid routine purging of e-mails, voice mails and Internet usage records.Guard against retaliation. 504-526-4350, 408 St. Peter Street, Suite 510 All employment is decided on the basis of qualifications, merit, and business need.. Here's a brief template on how you could put the EEOC position statement together: Section I: We're Good Guys. The attitude or tone you want to convey is that your company is a good company who is simply clearing up a misunderstanding. The employer should fully explain the confidential nature of the information in the attachments but keep in mind that medical information about the charging party will not be considered confidential or sensitive by the EEOC. 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. II. 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. However, the position statement can also be used by a . Can I request an extension to provide a response to the Respondent's position statement? EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BALTIMORE DISTRICT OFFICE IN THE MATTER OF:] Current EEO File No. This article will, hopefully, answer some of your questions concerning your response to the employer's position statement. Mention any past or future positive interaction with the evaluator. Dallas, TX 75201 According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Tell the whole story Often, an EEOC charge contains just one or two paragraphs, containing little more than conclusory allegations of discrimination. While the . Cupertino jazzes up the otherwise boring EEO language used by many other employers. These requirements and legal requirements to eeoc rebuttal letters, allowing it through the requirements of michigan funeral home, and how the court against. You may submit a written response or contact the investigator to provide your response over the phone or in a meeting. If you need assistance or an accommodation due to a disability, you may contact us at accommodations-ext@fb.com or you may call us at 1+650-308-7837., I include Zayos EEO statement because they add the less-used line about merit:All employment is decided on the basis of qualifications, merit, and business need., Zayo is an Equal Opportunity Employer. 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. Remove all technical jargon unless it is clearly explained in plain language. ) or https:// means youve safely connected to the .gov website. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. When creating an EEOC position statement, dont forget to start with information about your company. Section II: The Charging Party's Employment History With Your Company. 512-708-8200, 700 North Pearl Street This especially holds true now that the EEOC has announced new nationwide procedures that provide for the release of a company's Position Statement and non-confidential attachments to a Charging Party or representative upon request during the investigation of a charge of discrimination. The Charging Party's response will not be provided to Respondent during the investigation. COMPLAINANT'S OBJECTIONS AND RESPONSES TO AGENCY'S INTERROGATORIES Equal Employment Opportunity Commission (EEOC) isnt the way most HR professionals want to start the day. Please purchase a SHRM membership before saving bookmarks. A .gov website belongs to an official government organization in the United States. It does not mean that you have violated the laws that the EEOC enforces. 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. Did an employee even write this EEO? Once you have filed the Position Statement and served it on the Complainant, the Complainant may respond with a written Rebuttal. Settlements can occur at any time during the investigation, and they generally involve no admission of liability. The EEOC has an online resource guide on Effective Position Statements, but it is not recommended that employers follow that. Next, you will want to state that you do not discriminate on the basis of age, race, gender, sexual orientation, religion, national origin, disability, or any other non-merit factor. It also gives you the opportunity to consider the value of early mediation. Keep in mind that the employee canreceive a copy of the position statement so be mindful of your tone, language and confidential information. Facebook is proud to be an Equal Employment Opportunity and Affirmative Action employer. As part of the investigation, the EEOC will request that the employer (the respondent) submit a position statement, responding to the allegations and providing supporting documentation of its employment decisions that allegedly affected the charging party. 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. This re s ponse is very important for building defenses against discrimination. At this point, the employer has the opportunity to respond to the Charge in a written Position Statement. Dell throws in the kitchen-sink of areas they dont discriminate againstand I applaud them for being so inclusive. The position statement is also where you should provide evidence of consistent past decisions that demonstrate nondiscrimination. Keep it confidential. Melanie Pate and Mary Ellen Simonson are partners at Lewis and Roca LLP in Phoenix. Here are the 16 samples of an effective EEO Statement: I lead with SurveyMonkey because tennis star Serena Williams recently joined their board to help improve their diversity hiring; andFacebooks COO Sheryl Sandberg is also on their board and has a lot of energy aroundhiring women. On the flipside, if your words are too compliance-heavy, youll be interpreted asconservative or stodgy. A position statement is the employer's responsive statement to the claims presented in the employee's charge of discrimination. Check out how they say that they are proud to be an Equal Employment Opportunity and affirmative action employer and that they celebrate diversity. If the investigation leads to litigation, your position statement could be used as evidence. This company does not discriminate in employment and personnel practices on the basis of race, sex, age, handicap, religion, national origin or any other basis prohibited by applicable law. We support an inclusive workplace where associates excel based on personal merit, qualifications, experience, ability, and job performance. Respondent also admits that Ms. Moulton scheduled an appointment for Lynn to visit the Center and that Ms. Moulton accompanied Lynn for their appointment at the Center on April 28, 2016. For example, if a Black Charging Party was discharged for absenteeism can you identify non-Black employees who were also discharged for absenteeism. Tha shows a lack of care about the EEO wording and a waste of the readers time. Dismiss 5). Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. As soon as the charge arrives, you want to review the allegations, identify the key players, and begin to organize your investigation. If you think the RFI is too broad, talk to the EEOC investigator about narrowing the scope of the request. To disprove a charge of discrimination, explain why similarly situated employees were or were not treated the same way as the charging party. IMP Group Ltd. has an Employment Equity Policy and we welcome applications from Aboriginal People, African Nova Scotians and Other Racially Visible People, Persons with Disabilities and Women in occupations or positions where they are under represented. Find your nearest EEOC office I had initially submitted supporting documentation to the EEOC, which, as it turns out, contradicts much of what is contained in the Position Statement. You or your representative should inform the investigator that you are requesting the Respondent's position statement and non-confidential attachments. 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. Note: Read This Before Using Document A position statement is the employer's response to an employee's or ex-employee's Charge of Discrimination. If mediation leads to an agreement, the EEOC will close the file. By highlighting this, youre emphasizing that termination is not a decision that was taken lightly. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; This one is unique because ADP combines their EEO statement with their Diversity Statement: Diversity, Equity, Inclusion & Equal Employment Opportunity at ADP: ADP affirms that inequality is detrimental to our associates, our clients, and the communities we serve. When your employee files a complaint with the Colorado EEOC, it can investigate you to determine whether there is a reasonable cause to believe . Often the agency will request specific sorts of information, such as the names of all employees disciplined or discharged for the same or similar reasons as Charging Party. Equal Employment Opportunity Commission (EEOC) isn't the way most HR professionals want to start the day. A charge is a complaint of discrimination, not a determination that discrimination has occurred. If you want to write more inclusive content, you can also try these4 Diversity tools. During the investigation of a charge, EEOC may request that the Respondent employer submit a position statement and documents supporting its position. The U.S. However, dont prohibit your employees from discussing the investigation or issue a threat of potential disciplinary action, as this practice has recently been subject to increased scrutiny by the EEOC due to its potential "chilling effect" on an employees right to complain about discrimination. Facebooks EEO is pretty standard but I include it here because they include both an email address and phone number for disabled candidates. We welcome applications from all members of society irrespective of age, gender, disability, sexual orientation, race, religion or belief. 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. However, an effective position statement is "clear, concise, complete and responsive.". Saint Paul, MN 55102 They can be reached at MPate@LRLaw.com and MSimonson@LRLaw.com. Not be accusatory or negative in tone. How much time will I have to provide a response to the Respondent's position statement? You might not think of the Federal Government as modern or progressive but they wereamong the early major employers toinclude mention of gender identity and sexual orientation in their own jobs EEO statements: The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor.. What is the context leading up to the situation in question? All aspects of employment including the decision to hire, promote, discipline, or discharge, will be based on merit, competence, performance, and business needs. 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. :] EEOC 123-45-6789X Ive Ben Wronged, ] ] Complainant, ] ] vs. ] ] AGENCY #1-H-234-4567-89 Secretary, Department of the Navy, ] OFO Appeal #01234567 ] Agency. ] The new procedures, which will apply to all position statements . 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. In fact, many employers areadding hot new diversity-related words into their EEO statementssuch as inclusive, LGBT and gender identity. 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.). Suite 1850 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. Dont you think mentioning LGBT as one of just 9 words in their EEO statement might win over the LGBT (Lesbian, Gay, Bi-Sexual, Transgender) community? Information about the charge should be shared on a strict need-to-know basis. Equal employment opportunity (EEO) is not only a legal requirement under our nations laws, but also a business imperative. But its up to organizations to wield it in []. Here are four mistakes Archer outlined for us during the webinar: Using a sharp, indignant, officious ("lawyerly") tone. Remind managers, supervisors and anyone else involved with the allegation about the companys anti-retaliation policy. The Equal Employment Opportunity Commission (EEOC) has issued its first-ever nationwide procedures on respondent position statements as well as guidance on effective position statements. Being helpful, responsive and professional from the start can make all the difference in the final outcome. A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them. This is the second in a two-part series dealing with responding to administrative charges of discrimination filed either with the Equal Employment Opportunity Commission ("EEOC"), the Texas Commission on Human Rights ("TCHR"), or a local agency, such as the Fort Worth Human Rights Commission. This Standard Document has integrated notes with important explanatory notes and drafting tips. If you want to use the fewest EEO words possible and yet still likely be incompliance to work as a contractor or sub-contractor with the U.S. government (seeSection 60-1.41 of the EEOC law on job advertisements), you can do what the Gallowine company does in their job postings they simply insert these 3 words at the bottom of every job: Note: Gallo has a bunch of additional details on diversity on the rest of their GalloCareers web site. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The investigation should entail thorough interviews with all relevant witnesses, including managers, supervisors, decision-makers, similarly situated employees and HR staff. Resist the temptation to put minimal effort into your response. For example, saying an employee was laid off for "business reasons" won't cut it. Official websites use .gov As explained in more detail below, the charging party was discharged because of (stealing, excessive tardiness, absenteeism, etc.).". If possible, you want to try and narrow the scope of what is being requested. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Explain when and for what position the Charging Party was hired and any subsequent changes in positions, including an explanation of the responsibilities of each position. Page Content Getting a charge from the U.S. For example, to add questions at the end of the form to learn more about the impact of an individual's medical impairment on performing specific job duties. With EEOC's new Digital Charge System, Respondents can upload their position statement and attachments into the digital charge file rather than faxing or mailing the documents. Twenty-Fifth Floor - Plaza of the Americas. When faced with an EEOC charge, typically one of your first requirements will be to respond with whats known as a position statement. However, I have several reservations to make as regards that particular evaluation. Ms. Archer is a former employment attorney with two of the nations largest workplace law boutiques and a trial attorney for the U.S. No. If applicable, you may need to review the employees medical file. Highlight that you want your employees to succeed and feel that everyone matters. 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 position statement constitutes a company's official response to a charge. An effective rebuttal letter should: Be brief, clearly presented and accurate. The position statement is where the company has the chance to defend their position. The Position Statement. The investigator likely will ask you to submit a statement of position that allows you to tell the companys side of the story. Save my name, email, and website in this browser for the next time I comment. Please log in as a SHRM member before saving bookmarks. These are often issued in an information vacuum, with no knowledge about the nature of the company's business. Once the Charge is received, the EEOC provides the employer with a copy of the Charge and assigns an EEOC Investigator to the matter. Always use respectful language when referring to the charging party. Take action immediately upon receipt of a charge as agency deadlines are at play. Virtual & Washington, DC | February 26-28, 2023. Request that the charge be dismissed. 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. Dallas Partner John Ross Obtains Summary Judgment in ADA Discrimination and FMLA Retaliation Suit, Dallas Partner Secures Favorable Fifth Circuit Decision in Civil Rights Case, U.S. Department of Labor Unveils New Overtime Regulation, New Mandatory Leave Requirements for California Employers, Labor & Employment News: Volume 2014, Issue 1, Labor & Employment News: Volume 2013, Issue 1, Labor & Employment News: Volume 2012, Issue 2, 2801 Via Fortuna 2) City claims that complainant failed physical. 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. Responding to an EEOC charge requires careful analysis of the charge. 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. Acknowledge any positive comments mentioned in the evaluation. You have nothing to gain here. Bad Position Statements Can Sink an Employers' Defense A slipshod position statement in. Attach copies of job descriptions, if available. Here are the 16 samples of an effective EEO Statement: SurveyMonkey EEO Statement I lead with SurveyMonkey because tennis star Serena Williams recently joined their board to help improve their diversity hiring; and Facebook's COO Sheryl Sandberg is also on their board and has a lot of energy around hiring women. Once an investigator contacts you for information, make every effort to respond promptly, accurately and thoroughly. Keep their palo alto garage. 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. Why ( the more inclusive content, you can also try these4 diversity tools and... Violations of the charge in a meeting in this browser for the U.S. no topics... And professional from the parties to strengthen our investigations, documentation and witness sample response to position statement eeoc will help accelerate the investigation could. If you want your employees to succeed and feel that everyone matters as confidential or privileged respectful! Of the company 's work force and a trial attorney for the U.S..... Knowledge and expand your influence by earning a SHRM member before saving bookmarks associates excel based on.. Require contacting technology staff to avoid routine purging of e-mails, voice mails Internet... Language. documents supporting its position statement is provided to Respondent during the investigation of charge... Mary Ellen Simonson are partners at Lewis and Roca LLP in Phoenix of consistent past decisions that demonstrate.... First requirements will be sent back to the EEOC ( and State agencies which administer State laws. 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