The EEOC’s Charge Handling Process

The party making the charges will provide information to the EEOC investigator who will determine whether unlawful discrimination has occurred. The EEOC may ask the employer to provide information such as a position statement, which is your side of the story. Your statement of position is extremely important, so let us help you ensure that it is strong and effective. The EEOC may also ask you to respond to a Request for Information (RFI), which is a request for you to produce relevant documents. In some cases, the investigator will also request an on-site visit and/or witness interviews.

It is important to understand that if the charge was not immediately dismissed by the EEOC upon initial review, it means that there is some basis for continuing the investigation. Thus, it is imperative for an employer to provide input and cooperate with the investigation. This means that you should work with the investigator and gather evidence to further the investigation, even if you believe the allegations are baseless.

On average, an EEOC investigation lasts approximately 180 days. However, delays in responding to the EEOC or providing evidence to the investigator can extend the time it takes to complete the investigation. While you probably want to complete the process as quickly as possible, it is also important to confer with us if you have any concerns regarding the scope of the information being sought.

When the investigation has been completed, the EEOC will issue its determination of whether discrimination existed or not. Depending on the outcome, there are a variety of options for both parties. To learn more about how we can help with EEOC investigations or other employment law related matters, contact the attorneys at The Swenson Law Firm.

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