Alert: EEOC Announces It Will Now Release Employer's Position Statements To Charging Parties

On February 18, 2016, the EEOC announced that it has implemented nationwide procedures that provide for the release of an employer's position statement and attachments to a charging party or her attorney upon request during the investigation of a charge of discrimination. These new procedures apply to all requests for position statements made to employers on or after January 1, 2016.Opportunity Commission Logo

The procedures further provide charging parties with 20 days to respond to an employer's position statement. However, the charging party's response will not be made available to the employer during the investigation.

In light of this development, employers who prepare their own position statements in response to EEOC charges of discrimination should be extremely cautious about the content of the statements and the documents provided to the EEOC.

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