What’s actually slowing this PC down?
Pick the symptom - the matching free tool is one click away.
iTechGuides is reader-supported. When you buy through links on our site, we may earn an affiliate commission. As an Amazon Associate I earn from qualifying purchases. Learn more
Start with the charge notice and EEOC Respondent Portal: identify what the agency is asking for, calendar the case-specific due date, preserve potentially relevant records, and respond to requests on time. If the EEOC requests a position statement, address each allegation with a clear, evidence-supported account. A charge is an allegation, not a finding that discrimination occurred. This is a general guide to the federal EEOC process; the notice, portal instructions, investigator communications, applicable law, and advice from qualified counsel control in a particular case.
What to do first
Read the notice and check the portal
Review the charge notice and the case in the EEOC Respondent Portal. Note the charge number, alleged conduct, protected bases, relevant dates, investigator, requested materials, portal instructions, and every due date. The EEOC says respondents are notified of a charge within 10 days and directed to the portal, where the case page may identify the expected response and its due date. Use the date shown for your case rather than relying on a general timeframe. See the EEOC’s What You Can Expect After a Charge is Filed and EEOC Respondent Portal User’s Guide.
Preserve relevant records
Take reasonable steps to preserve potentially relevant paper and electronic information, including personnel records, policies, communications, and materials connected to the events alleged. The scope depends on the charge. If you are unsure whether a document is relevant or requested, ask the investigator rather than guessing. Make sure relevant records remain accessible to the people preparing the response.
Do these 3 things before closing this tab:
1Clear out junk files and repair common Windows errors2Scan for outdated or missing drivers - takes under a minute3Repair Windows errors before they cause bigger problemsAssign responsibility and protect employees
Identify who will coordinate the response, gather records, and communicate with the investigator. Limit access to sensitive information to people who need it for the response. Do not punish, intimidate, disadvantage, or otherwise retaliate against the charging party or anyone participating in the investigation. The EEOC states that retaliation is illegal even if it later concludes the underlying charge lacks merit. Its small-business guidance, What should I do if I receive an EEOC charge of discrimination?, also says an employer may hire a lawyer, though it is not required to do so.
#1 Best Overall
How much time do you have to respond?
The EEOC generally gives respondents 30 days to prepare and submit a position statement when one is requested. That is a general practice, not a substitute for the deadline in your notice or portal. Check the case-specific instructions promptly; do not assume every charge has the same response request or due date.
If you need more time, contact the investigator as early as possible. Explain the good cause for the request and specify how much additional time you need. Follow up in writing and obtain confirmation of any agreed change. Merely asking for an extension does not extend the deadline. EEOC guidance says a brief extension may be allowed in some cases when the respondent is diligently supplying information.
How to prepare a position statement
A position statement is the employer’s response to the allegations and the evidence gathered so far. The EEOC says it considers defenses raised during the administrative process, so make the submission responsive and supported rather than treating it as a place for unsupported conclusions.
Quick wins for a faster PC:
Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →- Organize the response around the allegations. Address each relevant allegation in the charge. State whether the employer agrees, disagrees, or lacks enough information to confirm a particular assertion, and explain the factual basis.
- Set out the employer’s account. Give a concise chronology of the events at issue, identify relevant decision-makers and actions, and explain the reasons for the decisions being challenged. Distinguish facts the employer can document from matters that remain uncertain.
- Connect statements to evidence. Identify the documents or other evidence that support the account, such as relevant policies, communications, or personnel records. Provide requested supporting materials and make the connection between each important factual point and its evidence clear.
- Raise applicable defenses. Explain factual or legal defenses the employer believes apply, with supporting facts. Because the issues depend on the charge and applicable law, obtain legal advice where needed rather than assuming a defense fits.
- Review for accuracy and completeness. Confirm that dates, names, descriptions, and attachments are consistent; that the statement answers the agency’s request; and that sensitive information is handled through the EEOC’s stated process.
The EEOC’s Questions and Answers for Respondents on EEOC’s Position Statement Procedures describes the general response process and recommends a clear, complete, concise, responsive statement.
Handle confidential material carefully
The EEOC may provide a position statement and non-confidential attachments to the charging party upon request. When relying on confidential information, EEOC procedures recommend putting it in separately labeled attachments. EEOC staff may redact confidential information as necessary before releasing materials. Do not assume that labeling a statement or attachment “confidential” prevents disclosure; follow the agency’s process and seek legal advice about sensitive material.
Should you participate in mediation?
The EEOC may offer mediation at the outset for eligible charges. It is voluntary, free, and conducted with a neutral mediator; it is a potential resolution process, not a decision about who is right. Consider whether both sides are willing to participate and whether an early voluntary resolution is realistic. Respond through the portal as directed and contact the investigator or ADR contact with questions. If mediation is declined or does not resolve the charge, the investigation may proceed.
The EEOC’s Resolving a Charge page reports an average mediation processing time of 84 days; the page does not specify the year for that figure. It is an agency-wide average, not a forecast for an individual matter.
What happens during the investigation?
The investigator may request additional information, including a response to a Request for Information (RFI), policies, personnel files, information about other employees, interviews, a conference, or access to the worksite. Respond to requests even if you believe the charge is unfounded. If the requested scope or timing presents a problem, raise it promptly with the investigator and discuss a modification or extension. The EEOC says failure to provide requested information or access may lead it to seek a subpoena.
Best Value
Keep track of what the agency asks for, what you provide, and any agreed changes to timing. The investigator may seek further information as the matter develops; submission of a position statement does not necessarily end the employer’s participation.
Possible outcomes and timing
After evaluating the available material, the EEOC may reach different procedural outcomes. If it cannot conclude that reasonable cause exists, it issues a Dismissal and Notice of Rights to the charging party. If it finds reasonable cause, it issues a Letter of Determination and invites the parties to conciliation. If conciliation fails, the EEOC may file a lawsuit; if it declines to litigate, the charging party may receive a Notice of Right to Sue. These are possible outcomes, not predictions for a specific charge.
The EEOC reported that the average time to investigate and resolve a charge was about 11 months in 2023. That is a historical agency-wide average for 2023, not an expected timeline for an individual case.
Quick Recap
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
