You've Received an EEOC Charge. Now What?

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing laws that prohibit workplace discrimination on the basis of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, and genetic information. To bring a discrimination claim, an employee or former employee (the "complainant") must first file a charge of discrimination with the EEOC.

Once a charge is filed, the EEOC investigates — but generally gives both parties the option to mediate first. If the EEOC does not pursue the case, it issues the complainant a Notice of Right to Sue, which allows the complainant to bring a private lawsuit in court.

If a charge lands on your desk, here's how to handle it.

Step 1: Confirm You're a Covered Employer

Determine whether you've had 15 or more employees for each working day for 20 or more calendar weeks in the current or preceding calendar year. If you haven't met that threshold, advise the identified EEOC investigator that you are not a covered employer for purposes of the claim.

Step 2: Check Your Response Deadline

Review the charge and identify the deadline the EEOC has given you to respond. If that deadline has already passed, promptly request an extension.

Step 3: Preserve Everything

Immediately preserve all documentation related to the employee and their employment with the company. This includes all electronic communications — emails, text messages, AI chat history, and the like.

Step 4: Decide Whether to Mediate

The EEOC offers free mediation services for parties who want to resolve the matter before the EEOC conducts a full investigation. If you're considering mediation, involve legal counsel so you understand:

  • Your best defenses and any weaknesses in the case

  • The details of any settlement agreement that's proposed

  • That the conciliation process is never an obligation to settle — you should never feel pressured to settle

Step 5: Prepare and Submit Your Response

Prepare and submit your response, known as your position statement. Involve legal counsel to prepare the response and identify your core legal defenses to the claims asserted.

What Happens After You Respond

Once you submit your position statement, the EEOC gives the complainant an opportunity to respond, and generally you'll get an additional opportunity to address any outstanding factual issues. From there, the EEOC makes a recommendation of no cause (insufficient evidence of discrimination) or cause (a finding of reasonable cause to believe discrimination occurred). The complainant then receives a right-to-sue letter and has the right to sue in court. At this stage, discuss the pros and cons of litigation with your attorney.

Do a Self-Audit

Whether the charge has merit or not, receiving and responding to an EEOC charge is a good opportunity to audit your own processes — where things may have gone wrong, and where they could go better. For example:

  • Was there a policy or practice in place for employees to make a complaint?

  • Was the manager involved trained on how to handle that complaint?

  • Should a policy be implemented to handle accommodation requests?

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