When faced with a charge from the U.S. Equal Employment Opportunity Commission (EEOC), one of your first steps will usually be to respond with a "statement of position." The position statement allows you to tell your side of the story, but many employers fail to include some of the most vital information. Below are some important sections that you should provide.
1. The company overview. Some employers delve right into the issue without discussing and considering the company image. The overview of the company is an opportunity for the company to represent itself as a responsible employer.
2. Your commitment to the equal employment opportunity (EEO) principles. You can show your commitment to EEO principles by directing attention to compliant policies, procedures and training in the employee handbook.
3. The nature of the importance of the job in question. Provide an explanation of what can happen if the job at issue is not done well or not done at all. Point out that it was not possible to keep someone in that role whose performance fell short of the expectations. Make it clear as to why the charging party's actions (specifically the actions that resulted in him/her being fired) were not acceptable for that position. By doing so, you show that the termination was taken seriously.
4. An overview of the charging party's initial employment, including his/her acknowledgement of your policies, handbook and procedures. Explain why the charging party was hired. Note that the discriminatory factor (whatever that may be) could not have been an issue as the employee was hired for the position because he/she appeared to be qualified. Also, note that the employee acknowledged the company policies, attended training, etc.
5. Your own story. It is important to give your side of the story - not just refute the story of the charging party. Be sure to describe what happened, how you responded and why.
Remember: You want to show that your company is a good company that is simply clearing up a misunderstanding.
- California Employer Advisor