inform the organization of the outcome of the investigation.allow the organization to respond to the allegations.respond to inquiries about the status of the investigation, including the rights and responsibilities of the parties.be available to answer questions about the investigation.By law, employers are required to keep certain documents for a set period of time. If you are unsure whether a document is needed, ask your investigator. In some instances, the information request may be modified. If you have concerns regarding the scope of the information requested, advise the EEOC investigator. EEOC is entitled to all information relevant to the allegations contained in the charge, and has the authority to subpoena such information.Our experience shows that undue delay in responding to requests for information extends the time it takes to complete an investigation. The average time it takes to investigate and resolve a charge was about 10 months in 2015.Provide complete and accurate information in response to requests from your investigator.If there are extenuating circumstances preventing a timely response from you, contact your investigator to work out a new due date for the information. You should submit a prompt response to the EEOC and provide the information requested, even if it is believed the charge does not have merit.Work with the investigator to identify the most efficient and least burdensome way to gather relevant evidence.An employer's input and cooperation will assist EEOC in promptly and thoroughly investigating a charge. Employers are encouraged to present any facts that they believe show the allegations are incorrect or do not amount to a violation of the law. There are many charges where it is unclear whether discrimination may have occurred and an investigation is necessary. A representative of the organization may be present during interviews with management personnel, but the EEOC investigator is allowed to conduct interviews of non-management level employees without the presence or permission of the organization. provide contact information for or have employees available for witness interviews.In some cases, an on- site visit may be an alternative to a RFI if requested documents are made available for viewing or photocopying. Such visits greatly expedite the fact- finding process and may help achieve quicker resolutions. The RFI may ask the organization to submit personnel policies, Charging Party's personnel files, the personnel files of other individuals and other relevant information. respond to a Request for Information (RFI).A resource guide on Effective Position Statements is available. This is the organization's opportunity to tell its side of the story. The EEOC investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place. Mediation and settlement are voluntary resolutions.ĭuring the investigation, the organization and the Charging Party will be asked to provide information. At the start of an investigation, EEOC will advise both the organization and the charging party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option. In many cases, the organization may choose to resolve a charge through mediation or settlement. The EEOC has authority to investigate whether there is reasonable cause to believe discrimination occurred. For more information about how to use the EEOC's Respondent Portal, you should review the Respondent Portal User's Guide for Phase I of EEOC's Digital Charge System and Questions and Answers on Phase I of EEOC's Digital Charge System.Ī charge does not constitute a finding that your organization engaged in discrimination. The notification will provide a URL for the Respondent to log into the EEOC's Respondent Portal to access the charge and receive messages about the charge investigation. When a charge is filed against an organization, the EEOC will notify the organization within 10 days.
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