Three winning keys in an EEOC complaint

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

Details like the size of your company and the timeliness of the complaint can be a winning factor in EEOC complaints

  1. Think about the size of your company in regard to EEOC laws.
  2. For many of you, this won’t matter but for some of you it will. If you don’t meet the threshold number of employees under the EEOC laws for the EEOC complaint, write to the EEOC and let them know that immediately. What might happen is they might follow up and ask for proof of the number of employees. Otherwise, assuming you can provide proof and you’re correct, they will typically dismiss the matter. I’ve done this successfully on a number of occasions, meaning if they don’t have jurisdiction, they don’t have jurisdiction.

  3. Look at right at the outset at the timeliness of the EEOC complaint.
  4. Check to see if the charge has been timely filed. If someone is complaining about something that happened, for example, two or three or four years ago, the charge is too late. Remember the alleged action must have occurred no more than 180 or 300 days earlier. If it’s something that hasn’t happened within that time frame, you want to let the agency know immediately as well.

  5. Read the EEOC complaint thoroughly
  6. You’re going to get a notice of charge of discrimination and it typically has three boxes. One says no action is required on your part at this time. One says please submit a position statement. One says please respond to the attached request for information.

    The “no action” is a personal favorite. Some people feel that when they receive a “no action” form, they should call the EEOC office just to check in. Let sleeping dogs lie. If they want action from you, they’ll let you know. But you don’t need to say, “Hey, you didn’t ask for anything. But really don’t you mean you want something?” Often what you’re going to get is a request to prepare a position statement.

    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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