How to Answer an EEOC Complaint
- 1). Review the employee complaint carefully to determine the issues raised in the allegation and the additional questions from the EEOC.
- 2). Gather documentation that is relevant to the response and can be used as an attachment to the employer's answer. Provide documents that prove the employer's treatment of the employee was fair and consistent, such as examples of progressive discipline issued to the employee -- such as warnings, reprimands, or suspensions -- or policies stating consistent expectations and requirements for conduct.
- 3). Calculate demographic data for the organization. Provide statistics to show that hiring, discipline and termination of employees does not adversely impact any protected group. For example, if an older worker was terminated for poor performance, demonstrate that younger workers have also been terminated for the same reasons.
- 4). Begin the response with a clearly defined statement of the company's position. Deny the allegation and summarize the reasons why it is untrue. Later, provide additional details to flesh out each of the rebuttals.
- 5). Include any additional details necessary to explain the company's business or practices. If there is a reason why the employee's performance was so severe as to warrant discipline -- for example, it contravened industry regulations -- explain this in detail, avoiding industry jargon.
- 6). Cooperate with additional requests for information as necessary, and provide any further followup the investigator requires. Retain relevant information until you receive the final decision in the matter.
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