EEOC Position Statement Clauses

Summary

This template is a group of model clauses for arguments that an employer might make in a written response to a charge of discrimination filed by an individual with the Equal Employment Opportunity Commission (EEOC). This template includes practical guidance and drafting notes. This response to the charge, typically referred to as a "position statement" or "statement of position," responds to the allegations in the charge and sets forth defenses. A position statement should not only respond to the charge, but also provide information to support and verify the response. You should respond to each and every allegation providing, when possible, data or documents to support your position. Position statements are case-specific. Your position statement should provide facts about the charging party's employment history as well as your client's policies, procedures, and practices as appropriate given the content of the charge. The position statement should detail the relevant events and include documentary evidence where possible, setting the stage for what may well become litigation. For a full listing of key content covering EEOC and state administrative charges of employment discrimination, see Employment Discrimination Charge Resource Kit. For resources on employment litigation, see Employment Litigation Resource Kit. For more information on drafting a position statement, see EEOC Position Statement Video, EEOC Position Statements: Key Drafting Tips, and EEOC Charges Response Checklist (Including Sexual Harassment Charges). For more information on the EEOC charge process, see EEOC Enforcement of Anti-discrimination Laws: Key Considerations and Defenses to EEO Claims: Key Considerations. For tracking of recent case law related to employer responses to EEOC position statement and other key federal, state, and local Labor & Employment legal developments, see Labor & Employment Key Legal Developments Tracker (Current).