Bass, Berry & Sims attorneys Mary Leigh Pirtle and Ashley Li authored an article for HR.com’s Legal & Compliance Excellence magazine outlining the best practices for navigating the Equal Employment Opportunity Commission (EEOC) charge process and reaching a conclusion.
When an employee files a discrimination charge with the EEOC, the employer’s response can have a significant impact on the subsequent investigation. For first steps, the company should first review the charge and access the respondent portal, and then determine whether to attempt early meditation. While under investigation, the company should remain cooperative and review all requested materials prior to any disclosures.
In the end, the EEOC will conclude if the charge can be dismissed or if there is cause for the claim. If the EEOC issues a Letter of Determination, there is reasonable cause that a violation occurred and the parties are given another opportunity to reach a settlement.
“By understanding the various paths a charge can take, employers will be better equipped to reach the dismissal stage and avoid a cause finding and costly EEOC litigation,” advised Mary Leigh and Ashley.
The full article, “You’ve Got Mail: It’s An EEOC Charge. Now What?” was published in the November 2024 issue of HR.com’s Legal & Compliance Excellence magazine and is available online.