How your position statement is framed is key to your EEOC complaint defense

by on May 18, 2009 · 0 Comment POSTED IN: HR Info Center

EEOC complaint defenses need to be short and to the point to best convey your story

A position statement is your big chance to tell your story about the EEOC complaint.
It’s your written explanation of the non-discriminatory reasons that you have for the adverse actions that the company took which the complainant is complaining about.

Think about your position statement response to the EEOC complaint in terms of a story. They need to be clear, concise, and persuasive, and brief — all of those things.

You are telling your story of the EEOC complaint.
You’re avoiding a rambling history of the world. We don’t want to hear everything that has ever happened in the history of your company or in the life of this person.

Please use clear language.
The EEOC’s unlikely to understand your company’s acronyms and jargon. Sometimes when you’re in the thick of writing something, you can forget that you’re using acronyms and jargon. Take a step back and read something as if you work somewhere else before you submit it.

Check your facts and then double check them and then check them again.
Confirm that what you’re saying is accurate before you say it. You always have the opportunity to go back to the EEOC and fix something, but it’s nice to get it right the first time around.

Tell the full story in your EEOC complaint.
Don’t leave key pivotal things out such that when the complainant has a chance to respond, it’s clear that you left some things out that you could have explained away upfront and be persuasive.

You also want to focus on the issues raised in this charge.
If somebody isn’t raising something and it’s a little hard to explain, there’s no need to open up a big can of worms when you’re writing your defense to the EEOC complaint.

Edited remarks from the Rapid Learning Institute webinar: “EEOC Charges: How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa T. Senzel, Esq. on 2-7-2008

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