When an employee files a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), the employer must provide a formal response known as a position statement. This document is the employer’s chance to outline its defense, submit supporting evidence, and address every allegation raised in the complaint.
Yet the position statement is not the end of the process—it is the beginning of the EEOC’s deeper review. Many employees wonder what to expect after their employer files one. Employers, on the other hand, worry about how their words will be used. Both perspectives are important, as the EEOC uses this document to guide its next steps.
In this article, you will learn what happens after an EEOC position statement, how investigators handle the case, what outcomes are possible, and why careful preparation matters for both sides.
The Purpose of a Position Statement
The EEOC requires position statements so that employers can present their side of the story. These statements are not optional, and failure to file one can harm the employer’s credibility. A proper position statement should:
- Address each allegation raised in the charge
- Provide factual evidence such as performance evaluations, attendance records, or policies
- Explain the employer’s reasoning for employment decisions
- Include supporting documents while keeping irrelevant material out
A strong position statement helps the EEOC understand the employer’s defenses quickly. A poorly prepared one may lead investigators to doubt the employer’s claims, prolong the case, or result in unfavorable findings.
Since 2016, employees who file charges can request and review the employer’s position statement. They are then given 20 days to provide a rebuttal. This change makes accuracy, tone, and professionalism even more critical.
Employee Access and Rebuttal
When an employer submits its position statement through the EEOC’s Digital Charge System, the charging party is notified. The employee can then log into their portal, request a copy, and review it carefully. The EEOC allows the employee to provide a written rebuttal within 20 days.
This rebuttal is not shared back with the employer but is considered by the investigator. Employees may highlight inconsistencies, provide additional evidence, or challenge the employer’s reasoning. For example, if the employer claims performance issues justified termination, the employee might submit records of strong reviews or positive feedback.
This process creates transparency. It prevents employers from downplaying issues, since they know the employee will see their words. It also ensures that employees feel heard by having a direct opportunity to counter arguments.
The Role of EEOC Investigators
After receiving the position statement and any rebuttal, the EEOC investigator begins reviewing the case. Investigators act as neutral fact-finders. They compare the employer’s defense against the employee’s allegations and evaluate whether discrimination likely occurred.
Investigators may:
- Request additional documents such as emails, pay records, or training materials
- Interview witnesses from both sides
- Conduct on-site visits to observe workplace conditions
- Ask follow-up questions through the portals
The thoroughness of the investigation depends on the complexity of the charge. Straightforward cases may close in a few months, while complicated ones can take over a year. The EEOC aims to resolve charges within 10 months on average, but caseloads and cooperation from both sides affect timing.
Mediation Opportunities
Even after a position statement is filed, the EEOC may suggest mediation. Mediation is voluntary but encouraged because it offers a faster, confidential, and less adversarial resolution. A trained mediator helps both parties discuss the issues and explore settlement options.
If mediation succeeds, the case is resolved and closed. If it fails, the charge returns to the investigation stage. For many employers, mediation prevents prolonged scrutiny. For employees, it provides an opportunity to secure remedies without a lengthy process.
How Conciliation Works
If the EEOC finds “reasonable cause” that discrimination occurred, it will attempt conciliation. Conciliation is similar to mediation but happens after a cause finding. The EEOC works with both parties to reach a resolution, which might involve monetary compensation, reinstatement, promotions, or changes to company policies.
Conciliation is often the last opportunity to settle before litigation. If conciliation fails, the EEOC decides whether to file a lawsuit on behalf of the employee or issue a Right to Sue letter, allowing the employee to pursue their case in court.
Possible EEOC Outcomes
Once all evidence is reviewed, the EEOC makes one of several determinations:
- Dismissal with a Right to Sue Letter
If the EEOC finds no reasonable cause, it dismisses the charge. The employee then has 90 days to file a lawsuit independently. - Reasonable Cause Finding
If the EEOC determines discrimination likely occurred, it issues a finding of reasonable cause. The agency then tries conciliation. If unsuccessful, it may sue or issue a Right to Sue letter. - Settlement or Withdrawal
Charges may be withdrawn if the parties reach an agreement outside of EEOC involvement. Some employees also withdraw charges if they no longer wish to proceed.
The outcome largely depends on the evidence provided in the position statement and the rebuttal, which form the backbone of the case.
Why Evidence Is Critical
Evidence transforms a position statement from claims into proof. Employers often provide:
- Written policies that show consistent standards
- Attendance or timekeeping records
- Training completion logs
- Emails documenting performance concerns
- Records of disciplinary action
The EEOC prefers clear, direct evidence over unsupported assertions. For employees, rebuttals with strong counter-evidence are equally valuable. The quality of evidence often determines whether a charge is dismissed or moves toward conciliation.
Risks of Weak Position Statements
Employers who rush or minimize their responses face risks. Weak or incomplete statements may:
- Appear uncooperative to investigators
- Reduce credibility if claims are unsupported
- Lead to further requests for documents and interviews
- Increase the chances of an unfavorable cause finding
Missing deadlines also hurts an employer’s defense. The EEOC may decide a case with the information it already has if an employer fails to respond on time.
Digital Charge System Advantages
The EEOC requires electronic filing through its Digital Charge System. Employers receive notices, upload statements, and track updates online. Employees use their own portal for access to documents and communication.
This system improves efficiency but requires careful handling of documents. Employers must mark confidential information separately, such as medical records or trade secrets. If confidentiality is not properly designated, sensitive information could be disclosed.
Confidentiality Protections
The EEOC understands that employers may need to submit sensitive data. To protect confidentiality, employers can:
- Submit confidential materials as separate attachments
- Clearly label them as “confidential”
- Provide explanations for why confidentiality is necessary
However, the EEOC has the final say on whether materials remain confidential. Employers should assume that most of their submissions may be reviewed by the employee and therefore draft them carefully.
The Employee’s Advantage
For employees, reviewing the position statement is valuable. It provides insight into the employer’s defense and may expose contradictions. Employees who respond with detailed rebuttals help the EEOC see weaknesses in the employer’s arguments.
This process levels the playing field. Without access, employees might never know how employers justified their actions. With it, they can actively participate in shaping the investigation.
Timelines and Patience
The EEOC process after a position statement is not fast. Although the agency strives for resolution within 10 months, many factors cause delays:
- Heavy caseloads within regional offices
- Difficulty obtaining records
- Scheduling interviews with witnesses
- Resistance or delay from either party
Employees should remain patient but proactive, checking their portal regularly. Employers should respond promptly to all requests, as cooperation shortens investigations.
Preparing for Litigation
If conciliation fails or a dismissal occurs, litigation becomes the next stage. Employers should assume that their position statement may later be used as evidence in court. Employees, once they receive a Right to Sue letter, have 90 days to file in federal court.
Because of this, both sides must draft their submissions with litigation in mind. Careless language, missing evidence, or contradictions may hurt credibility in front of a judge or jury.
Why Legal Counsel Matters
The EEOC process is complex. For employers, attorneys ensure that position statements are thorough, factual, and respectful while safeguarding confidential data. For employees, attorneys can review the employer’s defenses, craft a strong rebuttal, and advise on whether to pursue litigation.
Without guidance, parties risk making strategic mistakes that cannot be corrected later. Given the potential financial and reputational impact, legal counsel is an investment rather than a cost.
Key Points to Remember
- A position statement is the employer’s official response to discrimination charges.
- Employees can view the statement and submit rebuttals.
- The EEOC investigator reviews all submissions, requests more evidence, and may conduct site visits.
- Possible outcomes include dismissal, cause findings, conciliation, settlement, or litigation.
- Evidence quality and professional tone heavily influence results.
Conclusion
What happens after an EEOC position statement is filed is a structured but often lengthy process. The employer’s response sets the tone for the investigation, while the employee’s rebuttal provides balance.
From there, the EEOC determines whether to dismiss the case, attempt conciliation, or allow litigation. Both parties should approach this stage with seriousness, recognizing that the position statement is not just paperwork—it is often the deciding factor in the entire case.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.