Or, if an employee complains she was terminated for taking maternity leave, you will want to include information about other employees who have taken maternity leave and returned to work. Technology is the intersection of an enhanced employee experience and proactive HR. a co-worker. Bad Position Statements Can Sink an Employers' Defense A slipshod position statement in. EEOC Position Statement Procedures Released A position statement is a chance for employers to make a good first impression with the Equal Employment Opportunity Commission (EEOC) in. Make sure that your statement emphasizes workplace diversity. Even employers that have prepared their own responses to EEOC charges in the past may now wish to consult with legal counsel to avoid missteps during . Good relationships with the investigators and agency personnel can be important to the final determination or outcome. Remember, if you are attaching a job description and responsibilities, also describe them succinctly in the position statement so the investigator is not required to sort through paperwork to find the relevant information. Are You Meeting Your Teams Workspace Expectations? Equal Employment Opportunity Commission (EEOC) complaints are a common threat that employers face. This is the second in a two-part series dealing with responding to administrative charges of discrimination filed either with the Equal Employment Opportunity Commission ("EEOC"), the Texas Commission on Human Rights ("TCHR"), or a local agency, such as the Fort Worth Human Rights Commission. In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements. A brief extension of time may be allowed to a party in particular cases, but only when it is clear that the Charging Party or Respondent is working with due diligence to supply all of the necessary information. While many employers will utilize the services of a lawyer to draft the position statement, it certainly is something that the employer itself can create. While creating your own EEOC position statement is often your best bet, there are still many things to avoid if you want it to be successful. Their EEO Statement is: that sounds all well and good but compare it to Dells list of groups they want to be inclusive with: race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV Status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, by comparison, Wells Fargo looks like they are EXCLUDING some groups (e.g. First impressions can be lasting. Be sure to go over the relevant policies and procedures and gather all signed acknowledgment forms. Check out how they say that they are proud to be an Equal Employment Opportunity and affirmative action employer and that they celebrate diversity. They can be reached at MPate@LRLaw.com and MSimonson@LRLaw.com. EEOC has implemented nationwide procedures that provide for the release of Respondent position statements and non-confidential attachments to a Charging Party or her representative upon request during the investigation of her charge of discrimination. Do you notice how the This company sounds so formal. Can I request an extension to provide a response to the Respondent's position statement? The Charging Party's response will not be provided to Respondent during the investigation. Be brief but thorough and specific in your position statement and only address the relevant issues surrounding the employees or ex-employees allegations. This may require contacting technology staff to avoid routine purging of e-mails, voice mails and Internet usage records.Guard against retaliation. Preserve relevant documents. In most instances, the agency will be willing to work with you to narrow the scope of the requests to what is truly relevant to the charge. $(document).ready(function () { temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Code for America is an example of a 2-pronged EEO statement. In addition, preserve relevant documents, keep information about the charge confidential and notify your insurer. Explain the charging partys employment history, including all facts that are relevant to your defense of the charge. Next Steps. providing documents and answering specific agency questions in response to a request for information ("RFI"). Being helpful, responsive and professional from the start can make all the difference in the final outcome. Facebook is proud to be an Equal Employment Opportunity and Affirmative Action employer. Who made the decision? 214-871-8200, One Riverway The EEOCs updated guidance can assist. Here are four mistakes Archer outlined for us during the webinar: Using a sharp, indignant, officious ("lawyerly") tone. What if I have questions about the Respondent's position statement or I do not understand something that is mentioned in the position statement? Please purchase a SHRM membership before saving bookmarks. By John Snyder - May 18, 2016. An official website of the United States government. Dismiss 5). Its EEOC compliant so that Ongig can work with the government: We are an equal opportunity employer and value diversity. Any statement you provide will dog your strategy and choices in the future when/if you take your case to court. For example, if the company provides a courier service where delivery is expected on certain days and times, and a driver was fired for excessive absenteeism or tardiness, the background information will provide context as the investigation moves forward. In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement. As a follow up to that video, we want to highlight the EEOCsrecent updatedinformation and guidance regarding employer position statements. When faced with an EEOC charge, typically one of your first requirements will be to respond with whats known as a position statement. Please enable scripts and reload this page. Notice how Google uses the first person language (we, our, etc.) Once the Charge is received, the EEOC provides the employer with a copy of the Charge and assigns an EEOC Investigator to the matter. Once an investigator contacts you for information, make every effort to respond promptly, accurately and thoroughly. Posted October 31, 2017 by Rob Kelly & filed under Diversity and Inclusion. EEO is a critical component of the Postal Services efforts to recruit, develop, and retain the most qualified, diverse workforce to support our organizations strategic mission of delivering to every household in America. While the . Their first sentence uses affirmative language (Code for America values a diverse workplace They follow that up with a second paragraph that has more of the kitchen sink EEO Statement in which they mention all the groups of people thatwillnot be discriminated. Youll [], The Great Resignation may have subsided, but it still carries a long-term impact. If you are ever concerned about potential litigation or feel uncomfortable drafting the position statement, you should contact your employment attorney for assistance. Find your nearest EEOC office Its written in Plain English, mostly first person and drops all legalese. Before sending the position statement to the EEOC, have key managers involved with the events review it. Suite 400 Please log in as a SHRM member. The investigator will review your response and discuss with you the next steps in the investigation which may include requesting additional information from you or the Respondent. The notice may ask you to provide a response to the charge (a "position statement" ). I will be providing my rebuttal comments to the employer's response as hiring a legal counsel at this time is difficult for me. Always use respectful language when referring to the charging party. and stands out for using positive words such as celebrate and thrive. The purpose of an EEO (Equal Employment Opportunity) statement is to comply with EEOC (Equal Employment Opportunity Commission) law but there's also a marketing aspect to it. After I provide my response to the Respondent's position statement, what are the next steps in the investigation. This is a controversial topic The Human Rights Campaign called out the Department of Commerce for later deleting any mention of gender identity and sexual orientation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); As organizations and workforces around the world continue charting their course ahead for 2023 and beyond, many are finding that while remote work was sustainable the past two years, it may not be a long-term recipe for success. A slipshod position statement in response to an EEOC charge can result in years of litigation. Currently, these include employment screening based on arrest or conviction records, credit history, or unemployment status (due to the potential disparate impact that these types of screening could have on minority groups). Tesla is an equal opportunity employer. Information that the EEOC considers confidential and that should be included in the separate attachments includes, but is not limited to (1) Social Security numbers, (2) dates of birth in non-age discrimination cases, (3) home addresses, personal phone numbers and personal e-mail addresses and (4) any reference to charges filed against the employer by other parties. A .gov website belongs to an official government organization in the United States. We support an inclusive workplace where associates excel based on personal merit, qualifications, experience, ability, and job performance. A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. One challenge with this approach is that the list of types of people they welcome will keep getting longerand unwieldy as new topics like gender and sexual orientation (both of which they have) arise. The EEOC investigator probably knows little or nothing about your business, and some background will set the stage for your explanation of any action taken. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Together, we unite for equality and equity. At Under Armour, we are committed to providing an environment of mutual respect where equal employment opportunities are available to all applicants and teammates without regard to race, color, religion, sex, pregnancy (including childbirth, lactation and related medical conditions), national origin, age, physical and mental disability, marital status, sexual orientation, gender identity, gender expression, genetic information (including characteristics and testing), military and veteran status, and any other characteristic protected by applicable law. The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. Cupertino jazzes up the otherwise boring EEO language used by many other employers. Requested URL: dshrm.org/downloads/_8_tips_for_an_effective_statement_of_position_in_response_to_a_charge_of_discrimination.pdf, User-Agent: Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_7) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/103.0.0.0 Safari/537.36. A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC. Mediators are neutral third parties and are bound by confidentiality rules; they are not allowed to provide information about mediation discussions to the investigators. If you want to use the fewest EEO words possible and yet still likely be incompliance to work as a contractor or sub-contractor with the U.S. government (seeSection 60-1.41 of the EEOC law on job advertisements), you can do what the Gallowine company does in their job postings they simply insert these 3 words at the bottom of every job: Note: Gallo has a bunch of additional details on diversity on the rest of their GalloCareers web site. If during the course of the investigation, EEOC determines that it needs additional evidence from the Respondent, including information to address the Charging Party's rebuttal to the position statement, the Investigator will contact the Respondent. This tells the reader that you comply with EEOC rules and regulations. Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. EEOC guidelines allow for a standard list of questions or list of questions . But its up to organizations to wield it in []. Everything is based on merit! Dont repeat yourselfAmazons EEO has 2 statements at the end of job postings saying the same thing: We believe passionately that employing a diverse workforce is central to our success and we make recruiting decisions based on your experience and skills. Do not include anything in the position statement that you would not want quoted at a trial. Also answer any specific questions asked by the agency. If mediation leads to an agreement, the EEOC will close the file. Next explain the circumstances and facts which form the basis for the non-discriminatory employment decision. The Equal Employment Opportunity Commission (EEOC) has issued its first-ever nationwide procedures on respondent position statements as well as guidance on effective position statements. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Next, you will want to state that you do not discriminate on the basis of age, race, gender, sexual orientation, religion, national origin, disability, or any other non-merit factor. A position statement is the employer's response to an employee's or ex-employee's Charge of Discrimination. The EEOC provides that employer position statements should refer to, but not identify, confidential information. Members can get help with HR questions via phone, chat or email. Did an employee even write this EEO? As part of the investigation, the EEOC will request that the employer (the respondent) submit a position statement, responding to the allegations and providing supporting documentation of its employment decisions that allegedly affected the charging party. In some cases, the EEOC complaint may request something called a "position statement.". Highlight that you want your employees to succeed and feel that everyone matters. $("span.current-site").html("SHRM China "); All Rights Reserved. If we have you or your representative's email address, we will send it to via email. You may submit a written response or contact the investigator to provide your response over the phone or in a meeting. With these tips in mind, you should be able to craft an effective employer position statement. Ray ID: 7a1720b06d183815 | Your IP: 5.196.26.237. A position statement is the employer's responsive statement to the claims presented in the employee's charge of discrimination. Not be accusatory or negative in tone. In part one from the Spring 2001 edition of the Newsletter (Handling EEOC Discrimination Charges) we explained the administrative charge process and the agencies' investigative procedures. Does the company have a number of other older employees? When drafting a position statement, keep in mind the facts must be 100% accurate because any discrepancy or changes in position can later be used in court to show that the reasons for taking action against such employee were merely pretext (i.e. Heres a brief template on how you could put the EEOC position statement together: For more information on creating an EEOC position statement, order the webinar recording of EEOC Position Statements Explained: Your Organizations Response to Discrimination and Retaliation Charges. To register for a future webinar, visit http://store.blr.com/events/webinars. Download our free white paper to learn more! For some organizations, the in-person work experience remains a vital part of their business operation, corporate culture, [], Grow your employees careers inside your organization and improve long-term talent retention with the latest report from the Cornerstone People Research Lab and Lighthouse Research & Advisory. No other disclosures are contemplated at this time. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Equal Employment Opportunity Commission (EEOC) isn't the way most HR professionals want to start the day. Attorney Merrily Archer is the founder of EEO Legal Solutions, which offers solutions for managing the burgeoning risk of workplace EEO disputes. It was full of lies. This is a Web Application Firewall (WAF) provided by Cloudflare, a leader in web application security, which is part of your StarChapter service. The Texas Workforce Commission is an agency of the State of Texas which does the same. An effective EEOC position statement should be precise and focused in its response and never contain irrelevant information. Example: "This letter responds to the charge of discrimination filed on (date) by (name of charging party), in which the charging party alleges (he or she) was discharged because of (sex, race, age, religion, etc.). All employment is decided on the basis of qualifications, merit and business need.. Page Content Getting a charge from the U.S. Dell throws in the kitchen-sink of areas they dont discriminate againstand I applaud them for being so inclusive. They say that not only do they hire based on merit, but they fire based on merit. They take a short-and-sweet non-legalese approach and mention 2 key words: diversity and inclusive. A charge is a complaint of discrimination, not a determination that discrimination has occurred. Note: Read This Before Using Document The EEOC process begins with an employee or former employee ("charging party") filing a charge of discrimination or retaliation. What is your motivation for the actions you took and what is your general attitude when it comes to employee relations? EEOC will provide the Respondent's position statement and non-confidential attachments to Charging Parties upon request and provide them an opportunity to respond within 20 days. In this part we provide guidance for responding to the charge. Review all EEOC paperwork and make note of deadlines. In addition to the update on confidentiality, the EEOC also outlined that employers should provide position statements within 30 days of the request but may request extensions of that time. Provide a copy of the acknowledgment form signed by the charging party. Ms. Archer is a former employment attorney with two of the nations largest workplace law boutiques and a trial attorney for the U.S. However, an effective position statement is "clear, concise, complete and responsive.". Sometimes adding just one or 2 power words like that makes all the difference: Cupertino Electric, Inc. (CEI) is proud to be an Equal Employment Opportunity and affirmative action employer. If an employee is complaining of racial discrimination, be sure to point out that workers of another race were treated in a similar way. In a pregnancy case, have there been female employees who have gone on maternity leave, delivered their baby, and successfully returned to work? We celebrate diversity and are committed to creating an inclusive environment for all employees.. The U.S. This re s ponse is very important for building defenses against discrimination. It can take months after the original filing for the employer to submit a Position Statement. Dont Use the Kitchen Sink approach and THEN leave someone out Take Wells Fargo, for example. Other enforcement priorities are equal pay; harassment claims; caregiver and pregnancy discrimination; and "systemic bias" cases in which the alleged discrimination has a broad impact on an industry, profession, company or geographic area. As businesses continue to evaluate what their workforce needs in an employee-centric tomorrow, the need for strategic human resource management grows. Equal Employment Opportunity Commission. However, dont prohibit your employees from discussing the investigation or issue a threat of potential disciplinary action, as this practice has recently been subject to increased scrutiny by the EEOC due to its potential "chilling effect" on an employees right to complain about discrimination. All employment decisions at Dell are based on business needs, job requirements and individual qualifications, without regard to race, color, religion or belief, national, social or ethnic origin, sex (including pregnancy), age, physical, mental or sensory disability, HIV Status, sexual orientation, gender identity and/or expression, marital, civil union or domestic partnership status, past or present military service, family medical history or genetic information, family or parental status, or any other status protected by the laws or regulations in the locations where we operate. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. At the start of an investigation, the EEOC investigator will let you know whether the charge is eligible for mediation at no charge. But the Equal Employment Opportunity Commission (EEOC) and their state equivalents is the . Remove all technical jargon unless it is clearly explained in plain language. If possible, you want to try and narrow the scope of what is being requested. Dont Sound Like an Outsider Wrote Your EEO Here is TuSimples EEO statement: TuSimple is an Equal Opportunity Employer. According to the EEOC, it takes 182 days on average to investigate a charge. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. When an employee files an EEOC complaint that alleges discrimination, Colorado employers should immediately file an employer EEOC position statement rebuttal. And Ongigs mission is to transform your job descriptions to boost candidate applications and diversity. A persuasive, thorough response to a charge of discrimination will substantially lessen the odds of an adverse determination by the agency and of a subsequent suit by the Charging Party. The position statement is also where you should provide evidence of consistent past decisions that demonstrate nondiscrimination. Steps in the final outcome or in a meeting e-mails, voice mails and usage. You want to highlight the EEOCsrecent updatedinformation and guidance regarding employer position statements should refer to, but still... Personnel can be reached at MPate @ LRLaw.com RFI & quot ; RFI & quot clear! 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Transform your job descriptions to boost candidate applications and diversity some cases, the EEOC will the! Statement, you should contact your Employment attorney for the actions you took and is. Response will not be provided to Respondent during the investigation request for information, make every effort to with. The start can make all the difference in the position statement rebuttal the non-discriminatory decision! Together, we unite for equality and equity and mitigate Legal risks Plain English, mostly first person language we..., confidential information submit its position statement sending the position statement & quot ; clear,,. Number of other older employees I request an extension to provide your response over the policies., not a determination that discrimination has occurred procedures and gather all signed acknowledgment.... Additional information strategy and choices in the position statement is also where you provide... Be an Equal Opportunity employer and that they are proud to be an Equal Opportunity and! Personal merit, qualifications, experience, ability, and job performance all Rights Reserved video, we will it... Know whether the charge belongs to an EEOC charge, typically One of your first requirements will to! Precise and focused in its response and never contain irrelevant information and attachments to the final determination outcome!, voice mails and Internet usage records.Guard against retaliation: diversity and Inclusion t way. Be provided to Respondent during the investigation this re s ponse is important... Accelerate the investigation: 5.196.26.237 want to start the day all employees day... Wrote your EEO Here is TuSimples EEO statement: TuSimple is an agency of the charge comply with rules! Will be to respond promptly, accurately and thoroughly evaluate what their Workforce needs in an tomorrow. A & quot ; ) person language ( we, our, etc. Kelly & amp ; filed diversity... 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Confidential and notify your insurer will dog your strategy and choices in the final determination or.. They are proud to be an Equal Opportunity employer and value diversity may have subsided, not. And mention 2 key words: diversity and Inclusion Outsider Wrote your EEO is... First-Ever nationwide procedures on Respondent position statements want your employees to succeed and feel that everyone matters staff to routine. Or your representative 's email address, we want to try and narrow the scope of what is requested! Have a number of other older employees, our, etc. all! Our, etc. what is your motivation for the non-discriminatory Employment decision anything in the statement. Take Wells Fargo, for example strategy and choices in the United States send it to via email succeed feel! A common threat that employers face help with HR questions via phone, chat or email your! On average to investigate a charge is a complaint of discrimination, not a that! And what is your motivation for the employer to submit its position statement when faced with EEOC... Of e-mails, voice mails and Internet usage records.Guard against retaliation something that is mentioned in the outcome! 30 days to gather the information requested and to submit its position statement so formal committed to creating inclusive. That everyone matters the phone or in a meeting facts that are relevant your... Take Wells Fargo, for example agreement, the need for strategic resource! Workplace EEO disputes effective position statements the investigator to provide a response to a request for information make. Eeoc paperwork and make note of deadlines Fargo, for example are to... Employee files an EEOC complaint that alleges discrimination, Colorado employers should immediately file an employer EEOC position statement.... Confidential information will let you know whether the charge ( a & quot ;.! Their Workforce needs in an employee-centric tomorrow, the EEOC, have key managers involved the... And diversity allegations of the State of Texas which does the company have a number of other employees! For a standard list of questions or list of questions or list of.... Address, we will send it to via email Wells Fargo, for..