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An EEOC Charge Is Not a Conviction. It's a Chance to Defend.
When an employee files an EEOC charge, your response defines the outcome. We craft strategic Position Statements that protect your business and position you for success—whether through dismissal, settlement, or litigation.
What's at Stake
An EEOC charge is the first step toward a lawsuit. How you respond determines whether the charge is dismissed, settled cheaply, or becomes expensive litigation. A weak Position Statement creates admissions. A strategic one protects you.
Key deadline: You typically have 30 days to respond to an EEOC charge. Contact us immediately to preserve your options.
Our EEOC Defense Process
Strategic defense at every stage of the EEOC process.
Initial Review
Analyze the charge, identify potential exposure, and develop defense strategy.
Position Statement
Draft a compelling response that tells your side while protecting future litigation options.
Investigation Cooperation
Navigate EEOC requests for information strategically—responsive but protective.
Resolution Strategy
Evaluate mediation, settlement, or litigation based on your risk tolerance and business needs.
What We Include in Your Position Statement
Clear denial and legal framework for defense
Legitimate, non-discriminatory reasons for the employment action
Documentation of consistent treatment across employees
Timeline demonstrating lack of causation
Witness statements and contemporaneous records
Preservation of key defenses for potential litigation
Frequently Asked Questions
First, don't respond emotionally. Contact an attorney immediately. You typically have 30 days to respond. Preserve all relevant documents, restrict access to the employee's personnel file, and don't discuss the charge with anyone who doesn't need to know. Your response sets the tone for everything that follows.
The Position Statement is your formal response to the EEOC charge—your side of the story. It explains why the charge lacks merit and provides supporting evidence. This document is critical because it shapes the EEOC's investigation and becomes evidence if the case goes to litigation. We draft these strategically.
Yes. EEOC policy now provides the Charging Party (employee) with a copy of your Position Statement. This means everything you write could be used against you in court. We draft responses with litigation in mind, avoiding admissions while still being responsive.
It depends. EEOC mediation can resolve charges quickly and confidentially. However, participation can signal that you're willing to pay. We evaluate each charge's merits, your exposure, and business considerations before recommending whether to mediate or take your chances with investigation and potential litigation.
If the EEOC finds reasonable cause to believe discrimination occurred, it will attempt conciliation. If that fails, the EEOC may sue you directly or issue a Right to Sue letter to the employee. Only about 15% of charges result in cause findings—most are dismissed. But cause findings increase settlement leverage.
EEOC investigations average 10 months but can take years. During this time, we help you preserve evidence, prepare witnesses, and avoid actions that could be perceived as retaliation. The employee can request a Right to Sue letter after 180 days regardless of investigation status.
30 Days to Respond. Make Them Count.
Contact us immediately when you receive an EEOC charge. Time is critical.