Are EEOC position statements discoverable?
Key Takeaways. The EEOC’s new policy fails to assure employers that documents provided in support of their Position Statement will remain confidential. An employer may not want to disclose confidential information since it can be disclosed.
Are EEOC responses confidential?
EEOC will review attachments designated as confidential and consider the justification provided, as the agency will not accept blanket or unsupported assertions of confidentiality. Who should sign the position statement?
What is a respondents position statement?
Once an individual has filed a Charge of Discrimination (charge) against a Respondent for alleged violations of anti-discrimination laws, the Respondent is notified of the charge and, in most cases, is asked to submit information regarding the allegations, including a formal, written response called a “position …
How do you respond to an EEOC position statement?
You can respond to the Position Statement in a written response called the Rebuttal. The Rebuttal is an opportunity for you to expand on your personal experience of discrimination or retaliation with additional facts and provide a legal analysis of all the claims.
What is a determination of no reasonable cause?
No Reasonable Cause EEOC’s determination based upon the evidence obtained in the investigation that it believes discrimination did not occur; the determination does not certify that the respondent is in compliance with the statute.
What happens when the EEOC finds that a discrimination claim is true?
If the EEOC finds evidence to support the claim of discrimination, the agency will notify the charging party and the employer in a determination letter. It will then try conciliation with the employer to try to reach a remedy. The charging party will then have 90 days to file a lawsuit against the employer.