Start by reviewing the charge notice and the EEOC Respondent Portal, then calendar the case-specific deadline, preserve relevant records, and identify the facts behind each allegation. If the EEOC requests a position statement, submit a timely, evidence-supported response that addresses the allegations and applicable defenses. A charge is an allegation—not a finding that discrimination occurred—and the notice, portal, investigator’s instructions, and applicable law govern the next steps in your case.
What to do first
- Read the charge notice and portal instructions. Note the charge number, allegations, asserted legal bases, issues and date range, investigator, requested information, portal access details, and every due date. The EEOC says respondents are notified within 10 days and directed to its Respondent Portal; the charge page may specify the expected response and its due date. Follow the date on your case notice rather than relying on a general timeframe. EEOC: What You Can Expect After a Charge is Filed; EEOC Respondent Portal User’s Guide.
- Preserve potentially relevant information. Keep paper and electronic records connected to the allegations, including personnel materials, relevant policies, and communications. If you are unsure whether a document is relevant to a request, ask the investigator. EEOC: What You Can Expect After a Charge is Filed.
- Assign responsibility for the response. Identify who will coordinate records, gather facts, communicate with the investigator, and meet deadlines. The EEOC does not require an employer to hire a lawyer, but an employer may do so at any point; whether to retain counsel is a case-specific decision. EEOC: What should I do if I receive an EEOC charge of discrimination?
How long do you have to respond?
The EEOC generally gives respondents 30 days to submit a position statement when one is requested. That is a general practice, not a substitute for the due date in your notice or portal. Check the case-specific instructions promptly, because requested materials and deadlines can vary. EEOC: Questions and Answers for Respondents on EEOC’s Position Statement Procedures.
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If you need more time, contact the investigator as early as possible. Explain the good cause for the request, state how much additional time you need, and follow up in writing. A request by itself does not extend the deadline: obtain confirmation of any agreed extension and follow the confirmed date. The EEOC says a brief extension may be allowed in particular cases when the respondent is diligently supplying information. EEOC: Questions and Answers for Respondents on EEOC’s Position Statement Procedures.
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If the EEOC asks for a position statement, use it to give a clear account of the employer’s response to the charge. Work from the allegations and supporting facts, not assumptions about what the charging party meant. The EEOC advises respondents to be clear, complete, concise, and responsive, and to identify evidence supporting their account. It considers defenses raised during the administrative process. EEOC: Questions and Answers for Respondents on EEOC’s Position Statement Procedures.
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- Organize around the allegations. Address each relevant claim or issue in the charge so the investigator can see which facts and records relate to it.
- Set out the employer’s account. Explain the events and decisions at issue in a factual, chronological way, distinguishing what the records establish from what remains uncertain.
- Connect claims to evidence. Identify and attach relevant documents that support the account, such as applicable policies, personnel records, or communications responsive to the allegations.
- Raise applicable defenses. State factual or legal defenses the employer believes apply; do not assume the investigator will infer them from attachments.
- Check completeness and consistency. Verify that the response answers the issues raised, accurately describes its attachments, and does not conflict with known records.
Handle confidential attachments carefully
The EEOC may provide the position statement and non-confidential attachments to the charging party upon request. If you rely on confidential information, EEOC procedures recommend putting it in separately labeled attachments. EEOC staff may redact confidential information as necessary before releasing materials. A “confidential” label alone does not prevent disclosure, so use the agency’s stated process and seek legal advice for sensitive material. EEOC: Questions and Answers for Respondents on EEOC’s Position Statement Procedures.
Consider mediation separately from the investigation response
The EEOC may offer mediation at the outset for eligible charges. It is voluntary, free, and conducted by a neutral mediator; it is a way to explore resolution, not a decision about who is right. Follow the portal instructions for accepting or declining and contact the investigator or ADR contact with questions. If mediation is declined or does not resolve the charge, the investigation may proceed. EEOC: Resolving a Charge; EEOC Respondent Portal User’s Guide.
The EEOC reports an average mediation processing time of 84 days on its mediation page, which does not specify a year. This is an agency-wide average, not a timetable or prediction for an individual charge. EEOC: Resolving a Charge.
Respond to follow-up requests and protect employees
An investigator may request additional information, policies, personnel files, information about other employees, interviews, a conference, or access to the worksite. Respond to requests even if you believe the charge is unfounded. If the scope or timing is difficult, promptly discuss a possible extension or modification with the investigator; failure to provide requested information or access may lead the EEOC to seek a subpoena. EEOC: What You Can Expect After a Charge is Filed; EEOC: Get The Facts Series: Small Business Information.
Do not retaliate against, intimidate, discipline, or disadvantage the charging party or anyone for participating in the investigation. The EEOC says retaliation is unlawful even if it later concludes the underlying charge lacks merit. EEOC: What should I do if I receive an EEOC charge of discrimination?.
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The investigator evaluates the submitted material and may request more information. If the EEOC cannot conclude that reasonable cause exists, it issues a Dismissal and Notice of Rights to the charging party. If it finds reasonable cause, it issues a Letter of Determination and invites the parties to conciliation. If conciliation fails, the EEOC may sue; if it declines to litigate, the charging party may receive a Notice of Right to Sue. These are possible outcomes, not predictions about a particular charge. EEOC: What You Can Expect After a Charge is Filed.
The EEOC reported that the average time to investigate and resolve a charge was about 11 months in 2023. That is a historical agency average, not an expected duration for an individual case. EEOC: What You Can Expect After a Charge is Filed.
This is a practical overview of the federal EEOC process, not legal advice for a specific matter. The charge, applicable law, any state or local agency involvement, and the case’s procedural posture can affect what is required.
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