EEOC complaints and the corporate position statement

by on May 12, 2009 · 0 Comment POSTED IN: HR Info Center

The position statement is your company’s chance to tell their side of the story in an EEOC complaint

A position statement tells your side of the story in an EEOC complaint. In slightly more technical jargon, a position statement is your written explanation of the non-discriminatory reasons that you have for the adverse employment actions that you took that the complainant is complaining about.

So, it’s – what was your reason for doing what you did. Think of it in terms of a story. They really need to be clear. They need to be concise and they need to be persuasive.

How do make an EEOC complaint a story?
Tell a story. Avoid a rambling history of the world such as everything your company has ever done. We don’t want pages and pages and pages of filler. Use clear language.

The EEOC may not understand your company’s acronyms and jargon. It can be all too easy to use them because you’re so used to them. You don’t even know that other people outside of your work world might not get it. Read it as an outsider before you send it on.

Check the facts of the EEOC complaint and your position satement.
I know that seems obvious but people when you’re asking them to give you the facts that happened in a particular meeting or circumstance. They’ll tell you things but they won’t realize the importance of being 100% accurate. I would stress that to people when they are giving you information. Check your facts. Check them again and then check them again.

Tell the full story of the EEOC complaint.
You don’t want to leave out something that when the EEOC realizes you’ve left it out will make them suspicious of whether or not you’re being truthful with them. And be persuasive.

You want to focus on the issues raised in the EEOC complaint. Sometimes there will be other things that the complainant might have complained about that are not in the charge. You don’t want to start opening up a big can of worms if they are not raising the issue.

Edited remarks from the Rapid Learning Institute webinar: “In EEOC’s Crosshairs? How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa T. Senzel on February 04, 2009

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