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Answering Equal Employment Opportunity Commission (EEOC) Complaints
What you should do when your business receives a workplace complaint from EEOC.
The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, and other procedures within business and commercial litigation. Our mission is to answer any questions and give knowledge to many different aspects of these matters.
Receiving a workplace harassment or discrimination complaint from the Equal Employment Opportunity Commission (EEOC) or state attorney general’s office is one of the most stressful events that some business owners go through, especially given the “he said/she said” nature of the claims. Usually, there is no direct evidence of harassment or discrimination such as emails or recording of conversations. As such, responding to the allegations in the complaint can substantively be a difficult process.
When your business receives a EEOC complaint, it is important that you begin to address it immediately. The EEOC rules require that a written response to the complaint, called an “answer” to be served upon the EEOC or attorney general’s office within 20 days after the complaint is received. An additional 10 day extension can be granted, but it must be requested in writing before the 20 day period has expired.
In addition to the answer, which responds to each and every of the allegations in the complaint, you will also have an opportunity to put forth any documentary evidence you do have to support your defense to be submitted with the answer. This is why it is imperative that you begin to respond to the complaint immediately. Compiling the information may take some time, even when it is a priority. For instance, you may be required to comb through employee emails to respond to a certain allegation, or you may need to review voluminous HR records which will be beneficial to your case.
Further, the EEOC may request certain documentation be produced along with the answer and any affirmative documents. Being open and compliant with any EEOC investigation is incredibly important, as the agency is granted many of the same powers as a Court.
Finally, if you decide to hire an attorney, it is imperative that you do so early in the proceedings. The agency requires that a Notice of Appearance be submitted by the law office handling the complaint. The penalty for failing to file this document can be quite severe; your attorney may be precluded from representing your company.
We hope you found the information provided in this article helpful to your everyday life and business. Please free to reach out to Sean Callagy or the Callagy Law team at any time for questions you may have concerning personal and business matters. Callagy Law’s headquarters is located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of business legal practice and business coaching, if you need help with anything, please reach out to us by calling 201-261-1700 or by emailing us here. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube by clicking here.
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