The position statement: Your best defense against an EEOC charge

by on May 20, 2009 · 0 Comment POSTED IN: HR Info Center

Use the position statement to tell your side of the EEOC charge story

A position statement is your chance to tell your story of the EEOC charge. In slightly more technical jargon, it’s your written explanation of the non-discriminatory reasons you have for the adverse employment actions you took that the complainant is complaining about.

Tell your story about the EEOC charge.
They really need to be clear, concise and persuasive. You do want to tell a story. You want to avoid a rambling history of the world. They don’t care about things that are ancillary and not relevant to the charge.

You want to use clear language. I’ve seen bad position statements written where the – which were filled with acronyms and jargon. The EEOC is unlikely to understand your company’s particular acronyms and jargons. Read it as if you were a complete outsider to make sure that it doesn’t have any of that.

You want to check the facts about the EEOC charge and then you want to double-check your facts and then triple-check them.

You want to confirm that what you’re saying is accurate before you say it. If you find a mistake in your position statement after you’ve submitted it, that’s fine. You can always tell the EEOC, “Hey, we found an error, we just want to clear up one point.” That’s great, but the less you can do that, the better, obviously, because you want to get it right the first time.You want to tell the full story. Don’t leave out key points that the complaining party may tell the EEOC. That’s going to raise a real red flag with them.

Be persuasive.
Instead of going all over the place in terms of what’s going to be in here. You want to focus on what has been raised in the EEOC charge. You don’t want to open up a can of worms and talk about lots of issues that haven’t even been brought up.
These are the edited remarks from the Rapid Learning Institute webinar “EEOC Charges: How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa Senzel, Esq. on Feb. 14, 2007

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