Receiving notice from the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) that a charge of discrimination has been filed against your business can be incredibly scary.
What does it mean? Did you (or your employees) really do something wrong? How are you supposed to react to rectify the situation and make sure your business is protected?
First things first: breathe. It is important to understand that a discrimination charge is not the same as a determination. To put it in Law & Order terms: you haven’t been found guilty of anything yet, but you are about to be!
So, what does the notice of a charge mean, and how should you respond?
The Notice Is Just That – a Notification That Someone Is Accusing You of Wrongdoing
Before the employee of a Texas company is allowed to file a discrimination lawsuit against your business, the law requires them to file a charge with either the TWC or the EEOC. Believe it or not, this is a good thing for employers.
Why? Because it provides you with the opportunity to try to resolve their claim before it turns into a lawsuit. Think of the notice as a heads-up to your business that there is a potential problem you need to deal with.
And trust us when we say that you do want to attempt to resolve the situation at this point. Far too often, discrimination lawsuits end up being filed against businesses because they don’t take a charge from the EEOC or TWC seriously or because they negotiate in a way that gives the other side negotiation power.
Let’s dive into how you should respond to this kind of charge.
What Actions You Should Take After Receiving an EEOC Charge
For the purpose of this post, we’re going to focus on how to respond to an EEOC charge specifically. Most of this applies to a TWC charge as well, but if you are ever in doubt, please consult with one of our experienced lawyers.
In the notice, you will likely be asked to provide a statement detailing your side of whatever happened. This should include why you believe the act did not constitute discrimination, using whatever defenses apply. To provide a clear, thoughtful legal position statement on a situation you probably weren’t involved in and may know little about, you’re going to want to investigate.
There are many wrong ways to go about this that we won’t get into here. Suffice it to say that the best way to do everything correctly and avoid getting your company – or even yourself – in potential further trouble is to bring in outside investigators who have experience handling these types of situations.
Specifically, you want to bring in someone who will be objective and thorough, and who understands how to communicate both with you and the charging body – while helping you avoid any mistakes that could be damaging to your reputation, bottom line, or both. For example, it is incredibly important that you do not disclose too much or the wrong information in your response statement.
Since our firm has the only credentialed expert in Central Texas available to consult on workplace investigations, this is something we are well-versed in handling.
Additional Responsibilities, Responses, and Options Available to You
The biggest thing you do not want to do is ignore the charge or any further requests from the EEOC. This is true even if you believe that the charge has no merit and is a waste of your time.
Again, ignoring a charge from the EEOC or TWC is the most likely way for it to turn into a full-blown lawsuit. And if you’ve been treating the charge like it doesn’t exist or – worse – obstructing the investigation, this won’t look very good for you if and when the courts get involved.
However, you also want to avoid over-disclosing, which is why we recommend working with our legal counsel before responding to the charge.
How can you protect your business and help to resolve the situation in everyone’s best interest?
Avoid Punishment. Retaliating against an employee who brings a charge against your company is illegal – even if it is ultimately decided that their discrimination charge is without merit.
For their protection and yours, it is important that you do everything in your power to ensure your employee is not punished for filing a charge against you or for participating in the investigation.
Let Us Help You Respond to EEOC or TWC Requests for More Information. The investigator assigned to your case from the EEOC or TWC will likely contact you asking for additional information and access, including but not limited to:
- Documentation
- Interviews
- A conference
- An on-site inspection
Running these things by your attorney before providing them to the investigating agency may seem arduous or unnecessary, but doing this is vitally important – it could even lead to the charge being dismissed. Always work with your legal counsel before you send over documents, engage in person, or allow an agency investigator onto your property.
It’s also vital to understand that communication is a two-way street. If there are requests that you don’t understand or seem too difficult based on your specific circumstances, allowing your attorney to contact the investigator is always a good idea. In certain situations, the EEOC may modify their request for information or give you an extension so you have more time to get it to them.
Keep Files for Everything. You never know whether or not something may be considered relevant to your charge. If you’re ever unsure about a particular piece of evidence, the best thing to do is talk to your investigator.
Don’t Discount Mediation. The EEOC offers mediation to any parties involved in a charge who want it at no cost whatsoever, provided both parties agree to mediate. This can be a fantastic way to resolve a discrimination dispute.
Benefits include:
- A neutral mediator at no charge. The EEOC will provide you with one for free.
- Confidentiality. Any info shared during mediation stays in mediation. Even if a resolution cannot be reached and the case continues, the investigators will not be privy to information disclosed in mediation.
- Saving time and money. Litigation can be long and expensive. In contrast, mediation often resolves things in a single meeting.
- Coming up with your own resolution. In mediation, the mediator works with both parties to develop mutually agreeable terms to resolve the issue.
- Participating doesn’t mean admitting guilt. This one is pretty self-explanatory. Agreeing to mediation doesn’t mean your business acted in a discriminatory way. You’re simply trying to find a resolution that is best for everyone involved.
Bottom Line: An Experienced Outside Legal Team Is the Best Way to Handle EEOC Charges
Ignoring discrimination charges is dangerous and harmful, but saying or doing the wrong thing can be just as bad. The best way to ensure you handle everything the right way is to work with knowledgeable business attorneys with a strong track record in handling these types of charges.
At Treaty Oak, this is our bread and butter. If your business finds itself charged, remember that we are here to help.
