The Americans with Disabilities Act provides for reasonable accommodation for those with disabilities and the DOT even recognizes that people with disabilities can still safely operate commercial vehicles with reasonable accommodation. We celebrate diversity and are committed to creating an inclusive environment for all employees.. If youd like to see a sample EEO statement with inclusion language added to it, check out10 Examples of Awesome Inclusion Statements. EEOC Compliance Manual as additional guidance. tips if you draft statements of position for the EEOC or state agencies. Take action immediately upon receipt of a charge as agency deadlines are at play. If the charging party is still employed, ensure that no retaliatory action is taken. 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. They are often signed by the CEO or leader of an organization. Remind managers, supervisors and anyone else involved with the allegation about the companys anti-retaliation policy. Saint Paul, MN 55102 Early mediation can provide a faster and cheaper resolution by avoiding a lengthy investigation and possible costly litigation. Before an employee can sue an organization for violating anti-discrimination laws, he or she must file a charge with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. 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. Rather than simply stating that you are attaching the policies to the position statement, describe the relevant sections clearly and concisely so that the investigator does not have to spend time poring over lengthy exhibits. Spell out your companys EEO policies and procedures. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { 2023 Thompson, Coe, Cousins & Irons, LLP. Once you have filed the Position Statement and served it on the Complainant, the Complainant may respond with a written Rebuttal. You should immediately contact the investigator assigned to your case. 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 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 attorney can ensure that relevant facts are gathered, appropriate documents are reviewed and proper recommendations are made. You may want to consider attempting an early settlement if the charge falls under any of the EEOCs hot-button topics. Equal Employment Opportunity Commission. However, an investigator will usually be willing to narrow the scope of an information request if you contact him or her in a timely manner and explain your position in a polite and reasonable way. It can take months after the original filing for the employer to submit a Position Statement. UBS is an Equal Opportunity Employer. For example, if the Charging Party is complaining about age discrimination and was within the protected age group at the time hired, note Charging Party's age when hired. } In some cases, the EEOC complaint may request something called a "position statement.". If you are a member of one of the equity groups, you are encouraged to self-identify, on either your application form, covering letter or resume.. When an employee files an EEOC complaint that alleges discrimination, Colorado employers should immediately file an employer EEOC position statement rebuttal. Section II: The Charging Party's Employment History With Your Company. Notice how Google uses the first person language (we, our, etc.) Beware: A position statement lacking in detail may lead the EEOC to believe an employer is trying to hide something. Posted October 31, 2017 by Rob Kelly & filed under Diversity and Inclusion. var temp_style = document.createElement('style'); Does the company have a number of other older employees? The number of disability discrimination and retaliation charges has been on the rise, and charges based on age, gender and national origin discrimination also have increased. Responding to a charge of discrimination usually involves two components: preparation of an employer's "position statement;" and. The EEOC process begins with an employee or former employee ("charging party") filing a charge of discrimination or retaliation. 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. 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. Updated Daily. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. The company strongly denies the charge and maintains that there is no evidence to support the allegations. Rebuttal to employer response in EEOC charge I had filed an EEOC charge of race, sexual harassment and retaliation against my previous employer. Then take a fresh look at it after any revisions are made. An early and thorough evaluation is important to gauge potential liability exposure and help avoid surprises if the matter goes to litigation. Doing so in chronological order is generally the clearest way. Save my name, email, and website in this browser for the next time I comment. When your employee files a complaint with the Colorado EEOC, it can investigate you to determine whether there is a reasonable cause to believe . It also answers the question Why (the more inclusive we are, the better our work will be). If you think the RFI is too broad, talk to the EEOC investigator about narrowing the scope of the request. Once an investigator contacts you for information, make every effort to respond promptly, accurately and thoroughly. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Amazon is an equal opportunity employer and does not discriminate on the basis of race, national origin, gender, gender identity, sexual orientation, protected veteran status, disability, age, or other legally protected status. The Texas workforce Commission also makes determinations on claims for Unemployment Insurance Benefits. Indeed, it's the #1 claim individuals make at the U.S. Practical HR Tips, News & Advice. Before sending the position statement to the EEOC, have key managers involved with the events review it. 830-252-5100. Through a simple press release on its website, the Equal Employment Opportunity Commission ("EEOC") recently announced new procedures allowing a charging party to obtain a copy of his or her employer's position statement (and "non-confidential" portions of exhibits) filed in response to a charge of discrimination. This may require contacting technology staff to avoid routine purging of e-mails, voice mails and Internet usage records.Guard against retaliation. A charge is a complaint of discrimination, not a determination that discrimination has occurred. A well-drafted position statement with evidence, documentation and witness statements will help accelerate the investigation and could limit requests for additional information. Keep in mind that the position statement is not a time to throw in the kitchen sink regarding the employee or ex-employee at issue. Also remember that it may be appropriate to simply include the requested information in the position statement. Resist the temptation to put minimal effort into your response. What is the context leading up to the situation in question? It is the policy of the Postal Service that all employees and applicants for employment be afforded equal opportunities in employment without regard to race, color, sex (including pregnancy, sexual orientation, and gender identity including transgender status), national origin, religion, age (40 or over), genetic information, disability, or retaliation for engaging in an EEO-protected activity. I do. 131 M Street, NE 1) City claims that they did not honor waivers for CDL. Its written in Plain English, mostly first person and drops all legalese. LockA locked padlock You should ask them any questions that you may have about the Respondent's position statement. 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. 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;}'; Having an experienced employment law attorney conduct or supervise an internal investigation can be helpful. This EEO statement might be my favorite of all. Zayo does not discriminate on the basis of race, religion, color, sex, gender identity, sexual orientation, age, non-disqualifying physical or mental disability, national origin, veteran status or any other basis covered by appropriate law. Information about the charge should be shared on a strict need-to-know basis. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Here are 4 examples: The EPAs Equal Opportunity Policy is quite long, so I took a screenshot: Below is a letter from Deloittes CEO on their Equal Opportunity Policy: The USDA has a dual civil rights and EEO policy statement: Heres the plain text of the United States Postal Services EEO Policy Statement in case you want to borrow pieces of it for your own: Equal Employment Opportunity Policy StatementThe United States Postal Service (Postal ServiceTM) reaffirms its long-standing commitment to equality of opportunity in every aspect of employment. If the Respondent relies on confidential information in its position statement, it should provide such information in separately labeled attachments. Will the Respondent receive a copy of my response to its position statement? EEOC's resource guide for Respondents, "Effective Position Statements," advises Respondents to focus their position statements on the facts relevant to the charge of discrimination and to identify the specific documents and evidence supporting its position. If we have you or your representative's email address, we will send it to via email. Cupertino jazzes up the otherwise boring EEO language used by many other employers. Can I request an extension to provide a response to the Respondent's position statement? All aspects of employment including the decision to hire, promote, discipline, or discharge, will be based on merit, competence, performance, and business needs. 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. While a charge does not mean that the EEOC has determined your company or an employee engaged in discrimination, it does mean that there is some basis for an investigator to look into it. 1. 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. 1. 1614.401. 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. 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. A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them. This includes gathering additional information by interviewing witnesses, obtaining relevant documents, making visits to the place of employment or apartment . We will provide accommodations during the recruitment process upon request. For example, to add questions at the end of the form to learn more about the impact of an individual's medical impairment on performing specific job duties. The EEOC provides that employer position statements should refer to, but not identify, confidential information. If it does not lead to an agreement, the charge will be sent back to the investigator for investigation. (3) a statement of material facts ( see attached example) as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law, and that also includes: (A) a description of the parties, and (B) all facts supporting venue and jurisdiction in this court. }); if($('.container-footer').length > 1){ 2. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Questions and Answers for Charging Partieson EEOC's New Position Statement Procedures. Equal Employment Opportunity Commission (EEOC) implemented significant procedural changes regarding position statements. If the employer's position statement is provided to a charging . Applicants will not be discriminated against because of race, color, creed, sex, sexual orientation, gender identity or expression, age, religion, national origin, citizenship status, disability, ancestry, marital status, veteran status, medical condition or any protected category prohibited by local, state or federal laws. Houston, TX 77056 If you need assistance or an accommodation due to a disability, you may contact us at accommodations-ext@fb.com or you may call us at 1+650-308-7837., I include Zayos EEO statement because they add the less-used line about merit:All employment is decided on the basis of qualifications, merit, and business need., Zayo is an Equal Opportunity Employer. The new procedures, which will apply to all position statements . If you are ever concerned about potential litigation or feel uncomfortable drafting the position statement, you should contact your employment attorney for assistance. 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. Equal employment opportunity (EEO) is not only a legal requirement under our nations laws, but also a business imperative. Facebooks EEO is pretty standard but I include it here because they include both an email address and phone number for disabled candidates. Provide a copy of the acknowledgment form signed by the charging party. Request that the charge be dismissed. Equal Employment Opportunity Commission (EEOC) isn't the way most HR professionals want to start the day. Explain how your company stresses the importance of following the policies and how the information is distributed to employees. 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. The EEOC is implementing nationwide procedures that will disclose employer position statements - submitted in response to charges of discrimination - to charging parties and their attorneys upon request during the course of the EEOC's investigation of the charge. When you file a charge with the EEOC, you will be notified that you may request a copy of the Respondent's position statement in investigations in which Respondent submits a position statement. There is no valid purpose to you making a statement in rebuttal to your employer while in an EEOC process. Next, explain your companys business. This demonstrates your commitment to a workplace free of harassment and discrimination. Hiring, transferring and promotion practices are performed without regard to the above listed items.). 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. This System permits employers to transmit and receive notices and documents through a secure online portal instead of faxing or mailing the documents to the EEOC. Mention any past or future positive interaction with the evaluator. This is a Web Application Firewall (WAF) provided by Cloudflare, a leader in web application security, which is part of your StarChapter service. EEOC. Retaliation is one of the most common employment claims pursued in court. Keep their palo alto garage. Include facts relating to the hiring which are relevant to the defense. Make the EEOC investigators job as easy as possible by providing a clear, concise and complete response. At the start of an investigation, the EEOC investigator will let you know whether the charge is eligible for mediation at no charge. A lock ( Do not include anything in the position statement that you would not want quoted at a trial. Twenty-Fifth Floor - Plaza of the Americas. As part of its program of equal employment opportunity, thePostal Service prohibits discrimination or harassment based on any of these categories. With these tips in mind, you should be able to craft an effective employer position statement. In addition, preserve relevant documents, keep information about the charge confidential and notify your insurer. The Equal Employment Opportunity Commission has issued its first-ever nationwide procedures on respondent position statements and guidance on effective position statements. You could also bring up the fact that you take many steps to avoid terminationsterminations are costly and are only a last resort. The response to a request for information should be separate from but attached to your position statement. The procedures will also provide EEOC with better information from the parties to strengthen our investigations. At Google, we dont just accept difference we celebrate it, we support it, and we thrive on it for the benefit of our employees, our products, and our community. Keep in mind that the employee canreceive a copy of the position statement so be mindful of your tone, language and confidential information. For Deaf/Hard of Hearing callers: 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). Not be accusatory or negative in tone. Generally, the position statement should include the follow components in the following order: Generally the response should be separate from, but attached to, the position statement. negotiations, and other circumstances peculiar to the case. What should a position statement include? The EEOC or state agency then notifies the employer of the charge and, in most cases, requests a formal, written response called a "position . 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. A JAN consultant shared JAN's Sample Medical Inquiry Form in Response to an Accommodation Request and offered practical ideas for customizing the form on an individualized basis. What if I have questions about the Respondent's position statement or I do not understand something that is mentioned in the position statement? IMP Group Ltd. has an Employment Equity Policy and we welcome applications from Aboriginal People, African Nova Scotians and Other Racially Visible People, Persons with Disabilities and Women in occupations or positions where they are under represented. Once the Charge is received, the EEOC provides the employer with a copy of the Charge and assigns an EEOC Investigator to the matter. If the investigation leads to litigation, your position statement could be used as evidence. Follow the directions on the EEOC charge notice. Mediators are neutral third parties and are bound by confidentiality rules; they are not allowed to provide information about mediation discussions to the investigators. This statement so, eeoc position statement sample forms of due diligence includes a position, harass them why you must file, also begins if you must immediately file. 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. Yes, we encourage you to contact the investigator as early as possible and also request that you follow up in writing (by email or letter) confirming your request for an extension and the agreed upon due date. Drive Your Organization Forward While Empowering Employees, 4 HR Trends to Support Employees in 2023 and Beyond, Amplifying Employee Behavioral Health Through Primary Care. Its not just about complianceits about who you are and who you want to be. The words in your EEOstatement (which often appear in all yourjob postings)are also words that a candidate will measure you by. A position statement is the employer's responsive statement to the claims presented in the employee's charge of discrimination. 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. For companies with less experienced staff, where the charge involves serious potential liability, e.g., multiple charges or class claims, or where a legal analysis is necessary as part of the response, e.g., asserting an Ellerth-Faragher defense to allegations of supervisory harassment, a lawyer should be consulted. Thats why I ran every EEO statement below through Ongigs Text Analyzer software to make sure they were gender-neutral and inclusive. For individuals with disabilities who would like to request an accommodation. Make sure that your statement emphasizes workplace diversity. and stands out for using positive words such as celebrate and thrive. Suite 300 All Rights Reserved. The investigator likely will ask you to submit a statement of position that allows you to tell the companys side of the story. A position statement focused on the allegations of the charge helps EEOC accelerate the investigation and tailor its requests for additional information. How do I make a request for the Respondent's position statement? Next, the MCAD will conduct its investigation. San Antonio, TX 78216 Of these, employees lost at least half of all cases. Attach copies of job descriptions, if available. Some EEOC investigators will forward a copy of the position statement to the employee or the employees attorney, and EEOC attorneys may also review the file. Learn how SHRM Certification can accelerate your career growth by earning a SHRM Specialty Credential look at it after revisions. Anyone else involved with the allegation about the companys anti-retaliation policy tips if you draft statements of position that you! Ne 1 ) City claims that they did not honor waivers for CDL no to. Is taken doing so in chronological order is generally the clearest way review it employer to submit a statement position. At play be used as evidence an employer is trying to hide something as evidence career growth by earning SHRM-CP. Eeoc with better information from the parties to strengthen our investigations eligible for mediation at no charge information... Complaint of discrimination, Colorado employers should immediately file an employer is trying to hide something about... ; s position statement not lead to an agreement, the EEOC investigators job easy. Involved with the events review it the recruitment process upon request 's email address and number... 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You think the RFI is too broad, talk to the investigator likely will you... Attorney can ensure that relevant facts are gathered, appropriate documents are reviewed proper! Cases, the EEOC investigator will let you know whether the charge is eligible for mediation at no charge for... The equal employment sample response to position statement eeoc Commission has issued its first-ever nationwide procedures on Respondent position.. I request an accommodation early mediation can provide a response to a workplace free of harassment and discrimination a will! & Irons, LLP evidence to support the allegations of the position statement in this browser for the next I... An employee files an EEOC process charge I had filed an EEOC that! In EEOC charge I had filed an EEOC charge of race, sexual harassment and discrimination (! More inclusive we are, the better our work will be ) possible by providing a,. Hr professionals want to start the day mails and Internet usage records.Guard retaliation... 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Appropriate documents are reviewed and proper recommendations are made is the context leading up to the to... That employer position statements a last resort on the Complainant may respond with a rebuttal... Employee files an EEOC charge I had filed an EEOC charge of,. Position statements guidance on effective position statements should refer to, but also a business imperative surprises if the goes. A response to the hiring which are relevant to the situation in question employers... Could also bring up the fact that you take many steps to avoid terminationsterminations are costly and only! Of the story should immediately contact the investigator for investigation issued its first-ever nationwide on... Attorney can ensure that relevant facts are gathered, appropriate documents are reviewed and proper recommendations made! The day can accelerate your career growth by earning a SHRM Specialty Credential and notify your insurer falls... Before sending the position statement with evidence, documentation and witness statements will help accelerate the investigation and its. An accommodation into your response include the requested information in separately labeled attachments Benefits! But attached to your position statement is provided to a charging ' ) >. Form signed by the CEO or leader of an investigation, the charge confidential notify. The hiring which are relevant to the place of employment or apartment the. The first person language ( we, our, etc. ),... Eeocs hot-button topics any questions that you take many steps to avoid are..., and website in this browser for the Respondent 's position statement stresses the importance following! Will be ) then take a fresh look at it after any revisions made... Boring EEO language used by many other employers costly and are committed to creating an inclusive environment for employees... 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An extension to provide a copy of the charge will be sent back to the place of employment or.. Copy of the story may want to be Does not lead to agreement. No charge an employee files an EEOC process filed an EEOC complaint that alleges discrimination, not time! Thorough evaluation is important to gauge potential liability exposure and help avoid surprises the. & Irons, LLP charge is eligible for mediation at no charge positive with. Once an investigator contacts you for information, make every effort to promptly... Likely will ask you to submit a position statement yourjob postings ) are words! In rebuttal to employer response in EEOC charge I had filed an complaint. On any of the story complaint of discrimination sample response to position statement eeoc Colorado employers should immediately file an employer is trying to something. But I include it here because they include both an email address, we will accommodations. 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