Employers typically have 30 days to respond to an EEOC charge by submitting a Position Statement. This timeline begins when you receive official notification of the charge, not when the employee files it. The Position Statement is your opportunity to address allegations and provide your perspective on the situation.
Receiving an EEOC charge can be alarming, but getting to know the timeline and response process is essential. Failing to respond properly could lead to unfavorable determinations, increased liability, damage to your company’s reputation, and potential legal action.
A strategic, timely response is essential to protect your business!
Our labor attorney in Maryland will help you manage the EEOC response process with confidence and protect your business interests.
Can employers get more time to respond to an EEOC charge?
Yes, employers can request an extension beyond the initial 30-day deadline. The EEOC may grant extensions when employers demonstrate good faith efforts and provide partial responses. However, extensions aren’t guaranteed and depend on your case’s complexity and your level of cooperation.
⚠️ Missing response deadlines can seriously harm your case. The EEOC may view non-responsiveness as evidence that you lack a valid defense against the allegations.
Extension requests should be made promptly and include specific reasons why additional time is needed. Common valid reasons include:
- Complex cases involving multiple employees or allegations
- Need to gather and review extensive documentation
- Limited availability of key personnel essential to the response
- Unexpected business disruptions or emergencies
Remember that even with an extension, you should begin preparing your response immediately after receiving the charge.
Additional reading: how long does an employer have to respond to EEOC mediation
What happens if an employer ignores an EEOC charge
Ignoring an EEOC charge is a serious mistake that can have significant consequences. If you fail to respond, the EEOC will continue its investigation without your input, which means they’ll only hear the employee’s side of the story.
The EEOC has substantial investigative powers and may:
- Issue administrative subpoenas for documents and testimony
- Draw adverse inferences from your lack of cooperation
- Interview your employees without company representation present
- Make determinations based solely on the charging party’s evidence
For example, if an employee claims you terminated them due to their race, and you ignore the charge, the EEOC might accept the employee’s version of events without your defense. This could lead to a “reasonable cause” finding, conciliation attempts, and potentially a lawsuit filed by either the EEOC or the employee.
According to the EEOC’s official guidance, employers who fail to respond may face increased scrutiny in future investigations and damage their credibility with the agency.
What is a Position Statement and what should it include
A Position Statement is your company’s formal written response to an EEOC charge. It’s your opportunity to tell your side of the story and present facts, evidence, and legal arguments supporting your position.
💡 Keep your Position Statement factual, professional, and emotion-free. Focus on objectively addressing each allegation with supporting documentation rather than making personal attacks against the charging party.
An effective Position Statement should include:
- A chronological narrative of events
- Point-by-point responses to each allegation
- Relevant company policies and procedures
- Documentation supporting your position
The EEOC’s guidelines for employers emphasize that Position Statements should be thorough, factual, and timely. They recommend organizing your response clearly, addressing each allegation specifically, and including all relevant documentation.
Remember that the charging party will likely receive a copy of your Position Statement, so avoid including confidential information about other employees or proprietary business details without appropriate redactions.
Don’t risk your company’s future. Our employment attorney in Virginia will help you draft a strategic Position Statement and go through the EEOC process with confidence.
What happens after an employer submits a Position Statement
Once you’ve submitted your Position Statement, the EEOC process continues through several potential phases:
- The EEOC reviews your Position Statement and may share portions with the charging party for their response
- You may receive a Request for Information (RFI) seeking additional documents or clarification
- In some cases, the EEOC may conduct an on-site visit to interview witnesses or review records
- The investigator evaluates all evidence to determine if “reasonable cause” exists to believe discrimination occurred
- Based on its evaluation, the EEOC may dismiss the charge, propose mediation, or proceed with a full investigation.
For example, after reviewing your Position Statement, the EEOC might request specific employee files, email communications, or statistical data about your workforce. During an on-site visit, they may interview managers who supervised the charging party or review original documents in your possession.
The timeline for this review process varies significantly depending on the EEOC’s workload and the complexity of the case.
Why timeliness matters in EEOC investigations
⏳ Responding promptly to EEOC charges isn’t just about compliance—it’s a strategic advantage that can significantly influence the outcome of your case.
Timely responses matter for several critical reasons:
- From a legal perspective, delays can result in default judgments, unfavorable inferences, and missed opportunities to resolve claims before they escalate to costly litigation. Courts may view delayed responses as evidence of bad faith.
- Operationally, prolonged EEOC matters create uncertainty, distract management, lower employee morale, and can damage workplace culture. Unresolved charges may also need to be disclosed during business transactions or to investors.
- Perhaps most importantly, early engagement often leads to earlier resolution. Many EEOC charges can be resolved through mediation or conciliation, but these options become less effective as time passes and positions harden.
- Companies that demonstrate responsiveness and cooperation generally fare better throughout the investigative process than those perceived as obstructive or dismissive.
Additional reading: how to win an EEOC complaint (as an employer)
Common EEOC response deadlines and phases
| Step | Who Responds | Deadline | Notes |
|---|---|---|---|
| EEOC sends charge to employer | EEOC | Within 10 days | Employer notified via portal/mail |
| Position Statement due | Employer | 30 days | Extension possible |
| Mediation response | Employer & employee | ASAP or within weeks | Voluntary but time-sensitive |
| RFI response | Employer | Variable (7–30 days) | Depends on request scope |
| Final EEOC determination | EEOC | Average 10 months | Varies by case complexity |
While these timelines represent standard practice, the EEOC may adjust deadlines based on case complexity, backlog, or investigative priorities. Always check the specific deadlines in your charge notice and any subsequent communications.
Tips for employers during the EEOC response process
Following these best practices can significantly improve your chances of a favorable outcome when responding to an EEOC charge.
- Preserve all relevant documentation immediately, including messages, records, complaints, notes, and any audio or video evidence.
- Consult with legal counsel before communicating with the EEOC
- Implement a litigation hold to prevent destruction of relevant evidence
- Identify and interview witnesses while events are fresh in their minds
- Review personnel files for the charging party and similarly situated employees
- Avoid any actions that could be perceived as retaliatory
- Maintain confidentiality about the charge on a need-to-know basis
- Consider whether the charge reveals underlying issues that should be addressed
Often overlooked documentation that can be essential includes informal communications like instant messages, personal notes from managers, security access logs, and metadata showing when documents were created or modified.
Local entities and laws employers should be aware of
When responding to discrimination charges, you must manage both federal and state requirements. The EEOC often works in partnership with state and local Fair Employment Practices Agencies (FEPAs) through a process called “dual filing.”
The EEOC’s field office directory can help you identify which office is handling your charge. Local offices may have slightly different procedures or preferences for employer responses.
State and local agencies sometimes have:
- Different deadlines for responses
- Broader protected categories than federal law
- More stringent employer requirements
- Different remedies available to charging parties
For example, while federal anti-discrimination laws typically apply to employers with 15 or more employees, many state laws apply to smaller employers. Some states also protect categories not covered by federal law, such as marital status or political affiliation.
The EEOC’s Compliance Manual on “Theories of Discrimination” acknowledges this shared jurisdiction and explains how charges may be processed by multiple agencies simultaneously.
Case examples and scenarios
Consider these hypothetical scenarios that illustrate the importance of effective EEOC responses:
Scenario 1 – Proactive Response:
A manufacturing company received an age discrimination charge from a terminated employee. The HR director immediately consulted legal counsel, gathered comprehensive documentation of the employee’s performance issues, and submitted a detailed Position Statement with supporting evidence within 21 days. The Position Statement included comparative data showing that employees of all ages were subject to the same performance standards. The EEOC dismissed the charge after review.
Scenario 2 – Delayed, Incomplete Response:
A retail business received a sexual harassment charge but delayed responding for several weeks. When they finally submitted their Position Statement, it lacked specificity and supporting documentation. The company failed to provide their sexual harassment policy or evidence of training. The EEOC requested additional information and ultimately found reasonable cause to believe harassment occurred, leading to a costly settlement.
The key difference between these outcomes wasn’t just the merits of each case—it was how thoroughly and promptly each employer responded with specific, relevant evidence rather than general denials.
Don’t delay, respond the right way
When an EEOC charge arrives, your 30-day response window is essential. How you handle this initial phase often determines the ultimate outcome of the entire matter. A comprehensive, strategic response can mean the difference between a quick dismissal and a lengthy, expensive legal battle.
Consulting with our experienced employment counsel immediately upon receiving a charge is the single most important step you can take to protect your business. Our attorney will help you evaluate the allegations, gather the right evidence, and craft a compelling Position Statement.
Our employment lawyer in Washington DC will review your EEOC charge today and help you develop a strategic response that protects your business. Call (240) 403-2619 to discuss your case.
FAQs
What should I do if I receive an EEOC charge but don’t understand the allegations?
Contact our employment attorney immediately to help interpret the charge. The EEOC’s allegations can sometimes be vague or use legal terminology that’s unclear to non-lawyers. Don’t guess at what’s being alleged or respond without fully knowing the claims against your company.
You should also carefully review all documentation that came with the charge, including the Notice of Charge and any attachments. These documents often contain additional details about the allegations. If necessary, our attorney will contact the EEOC investigator assigned to the case for clarification before submitting your response.
Can I talk to the employee who filed the EEOC complaint?
You should not directly discuss the EEOC charge with the employee who filed it. Any communication could potentially be viewed as retaliatory or as an attempt to interfere with their legal rights, which could result in additional charges being filed.
If the employee is still employed by your company, continue treating them professionally and consistently with how you treated them before the charge. Any changes in their work assignments, evaluations, or other terms of employment could be interpreted as retaliation. All communication regarding the charge should be directed through legal counsel or the EEOC’s formal processes.
Will responding to an EEOC charge increase the chance of a lawsuit?
Responding appropriately to an EEOC charge actually decreases the likelihood of a lawsuit in most cases. By providing a thorough, evidence-based Position Statement, you demonstrate the strength of your defenses and may convince the charging party that their claim lacks merit.
Many discrimination lawsuits result from employers who failed to take charges seriously or who provided inadequate responses. A well-crafted response that addresses all allegations can lead to an EEOC dismissal, which often discourages charging parties from pursuing further legal action. Employers who participate in good faith throughout the EEOC process also position themselves more favorably if litigation does occur.
What documentation should I gather immediately after receiving a charge?
As soon as you receive an EEOC charge, collect the charging employee’s complete personnel file, including applications, performance reviews, disciplinary records, and separation documents, if applicable. Also, gather relevant company policies, training records, and communications related to the allegations.
Additionally, identify and preserve emails, text messages, and other communications involving the employee or the incidents mentioned in the charge. Document the employment status and treatment of similarly situated employees for comparison. If the charge alleges harassment or discrimination, gather any records of internal complaints and how they were handled. Implement a litigation hold to ensure no relevant documents are destroyed.
Can your law firm help me draft a Position Statement for the EEOC?
Yes, our employment attorneys are highly experienced in drafting effective Position Statements that respond strategically to EEOC charges. We help employers analyze allegations, gather relevant evidence, and present their case in the most compelling manner possible.
Our attorneys understand what the EEOC looks for in Position Statements and how to address legal vulnerabilities while highlighting the strengths of your defense. We’ve successfully defended employers against a wide range of discrimination and harassment charges. Contact our employment attorneys in Virginia or Washington DC today to discuss how we will assist with your EEOC response.