Preparing  Effective Position Statements in response to a charge  from the EEOC

Preparing Effective Position Statements in response to a charge from the EEOC PowerPoint PPT Presentation


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AT A MINIMUM. Address each alleged discriminatory actInclude specific, factual responses to each allegationFully explain the Employer's version of the factsProvide copies of supporting documentsProvide copies of applicable policies or procedures . BACKGROUND INFO. Describe the Company and its Primary FunctionLegal name, address, title

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Preparing Effective Position Statements in response to a charge from the EEOC

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1. Preparing Effective Position Statements in response to a charge from the EEOC Carla von Greiff, Enforcement Supervisor EEOC Tampa Field Office 501 East Polk Street, Ste 1000 Tampa, Florida 33602 813 202 7905 [email protected] www.eeoc.gov May 13, 2010

2. AT A MINIMUM Address each alleged discriminatory act Include specific, factual responses to each allegation Fully explain the Employer’s version of the facts Provide copies of supporting documents Provide copies of applicable policies or procedures

3. BACKGROUND INFO Describe the Company and its Primary Function Legal name, address, title & name of rep, number of employees Staffing or Organizational Chart

4. CASE SPECIFIC Identify Officials who made decisions or took the actions in the charge Identify others who have been similarly affected by these types of actions Describe the circumstances Be specific about dates, actions, locations Provide Relevant Information

5. THEORIES OF DISCRIMINATION DISPARATE TREATMENT SIMILARLY SITUATED COMPARATOR DISPARATE IMPACT NEUTRAL POLICY ADVERSE IMPACT REASONABLE ACCOMMODATIONS RELIGIOUS & DISABILITY PER SE VIOL. & RECORDS VIOL. i.e. MEDICAL EXAMS & RECORDS…

6. DISPARATE TREATMENT SIMILARLY SITUATED COMPARATOR Same or similar position (duties, pay & resp.) Subject to the same or similar policies or practices Reports to same supervisory structure

7. DISPARATE TREATMENT Identify Similarly Situated employees who have been similarly affected as the Charging Party Explain why Similarly Situated employees have not been similarly affected as the Charging Party Identify the Sim Sit Comparators by Race, Sex, Age, N.O, Religion … as appropriate.

8. EEOC’S INVESTIGATION WITNESS INTERVIEWS ON SITE INSPECTIONS REVIEW FILES AND DOCUMENTS CONDUCT FACT FINDING SESSION

9. Effective Position Statements A well drafted position statement with evidence, documentation and or witness statements to support the employer’s position, will help accelerate the investigation and limit requests for additional information.

11. EEOC TECHNICAL ASSISTANCE PROGRAM Training You Can’t Afford to Miss! July 12, 2010 Tampa FL REGISTER NOW at www.eeotraining.eeoc.gov

12. For Additional EEO Training and Information contact: The U.S. Equal Employment Opportunity Commission Training Institute Elaine McArthur, Training & Outreach Manager [email protected] (813) 202-7924 (813) 228-2045 fax (813) 228-2003 TTY www.eeoc.gov

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