Employment Law Alert: Time Is Now of the Essence for Employers Responding to EEOC Charges
The EEOC has reportedly shortened the time employers have to respond to charges of discrimination, presumably in an effort to address the backlog of discrimination charges.
Previously, the EEOC generally provided employers with 30 days to gather information requested and submit a position statement in response to a charge of discrimination. Reports are circulating that EEOC Respondent Portals are now stating a 15-day deadline. There are also reports that the EEOC will be less generous in providing employers with extensions.
As of the date of this alert, the EEOC has not issued any official policy or statement providing that this change is official. Given these reports, employers should confirm the deadline listed in their portal. Failing to timely provide responses can result in the EEOC evaluating the charge without the employer’s point of view.
This shortened timeline means employers (and their attorneys) will have half the amount of time to investigate and compile relevant information. Upon receiving a charge of discrimination, employers should waste no time in investigating, compiling information, and reaching out to our Employment & Labor team for guidance.