The U.S. Equal Employment Opportunity Commission
EEOC Investigations - What An Employer Should Know
What is EEOC?
- The Equal Employment Opportunity Commission is an
independent federal agency created by Congress in 1964 to eradicate
discrimination in employment. The various statutes
enforced by the Commission prohibit employment discrimination on the
basis of race, color, sex, national origin, religion, retaliation, age and
- EEOC has authority to receive, initiate and investigate charges of
discrimination filed against employers who have
a statutory minimum number of employees.
- EEOC's role in an investigation is to fairly and accurately evaluate
the charge allegations in light of all the evidence obtained.
What happens when a charge has been filed against me?
- You will always be notified that a charge of discrimination has been filed
and you will be provided with the name and contact information for the investigator
assigned to your case. A charge does not constitute a finding that your
company engaged in discrimination. The EEOC has a responsibility to investigate and
determine whether there is a reasonable cause to believe discrimination occurred.
- In many cases, you may opt to resolve a charge early in the process through mediation or settlement.
At the start of an investigation, EEOC will advise you if your charge is eligible for
mediation, but feel free to ask the investigator about the settlement option. Mediation and
settlement are voluntary resolutions.
- During the investigation, you and the Charging Party will be asked to provide information.
Your investigator will evaluate the information submitted to determine whether unlawful
discrimination has taken place. You may be asked to:
- submit a statement of position. This is your opportunity to tell your side of the
story and you should take advantage of it.
- respond to a Request for Information (RFI). The RFI may ask you to submit
copies of personnel policies, Charging Party's personnel files, the personnel files of
other individuals and other relevant information.
- permit an on-site visit. While you may view such a visit as being disruptive to
your operations, our experience has been that such visits greatly expedite the fact-
finding process and may help achieve quicker resolutions. In some cases, an on-
site visit may be an alternative to a RFI if requested documents are made available
for viewing or photocopying.
- provide contact information for or have employees available for witness
interviews. You may be present during interviews with management personnel,
but an investigator is allowed to conduct interviews of non-management level
employees without your presence or permission.
- If the charge was not dismissed by the EEOC when it
was received, that means there was some basis for proceeding with further investigation.
There are many cases where it is unclear whether discrimination may have occurred and an
investigation is necessary. You are encouraged to present any facts that you believe show
the allegations are incorrect or do not amount to a violation of the law. An
employer's input and cooperation will assist EEOC in promptly and thoroughly
investigating a charge.
- Work with the investigator to identify the most efficient and least burdensome way
to gather relevant evidence.
- You should submit a prompt response to the EEOC and provide the information requested, even if
you believe the charge is frivolous.
- If there are extenuating circumstances preventing a
timely response from you, contact your investigator to work
out a new due date for the information.
- Provide complete and accurate information in response to requests from your
- The average time it takes to process an EEOC investigation is about 182 days.
- Our experience shows that undue delay in responding
to requests for information extends the time it takes to complete an
- If you have concerns regarding the scope of the information being sought, advise
the investigator. Although EEOC is entitled to all information relevant to the
allegations contained in the charge, and has the authority to subpoena such
information, in some instances, the information request may be modified.
- Keep relevant documents. If you are unsure whether a document is needed, ask
your investigator. By law, you are required to keep certain documents for a set
period of time.
- Your investigator will:
- be available to answer most questions you have about the process.
- keep you informed about the charge process, including the rights and
responsibilities of the parties at the conclusion of the investigation.
- conduct an appropriate, thorough and timely investigation.
- allow you to respond to the allegations.
- inform you of the outcome of the investigation.
- Once the investigator has completed the investigation, EEOC will make a determination
on the merits of the charge.
- If EEOC determines that there is no reasonable cause to believe that
discrimination occurred, the charging party will be issued a letter
called a Dismissal and Notice of Rights that tells
the charging party s/he has the right to file a lawsuit in federal
court within 90 days from the date of receipt of the letter. The
employer will also receive a copy of this document.
- If EEOC determines there is reasonable cause to believe discrimination
has occurred, both parties will be issued a Letter of Determination
stating that there is reason to believe that discrimination occurred
and inviting the parties to join the agency in seeking to resolve the charge,
through an informal process known as conciliation.
- Where conciliation fails, EEOC has the authority to enforce
violations of its statutes by filing a lawsuit in federal court.
If the EEOC decides not to litigate, the charging
party will receive a Notice of Right to Sue and may file
a lawsuit in federal court within 90 days.
How does a charge get resolved?
EEOC offers employers many opportunities to resolve charges of discrimination.
Successfully resolving the case through one of these voluntary processes
may save you time, effort and money. Methods of resolution include:
EEOC has greatly expanded it's mediation program. The program is free, quick,
voluntary and confidential. If mediation is successful, there is no investigation.
If the charge filed against your company is eligible for mediation, you
will be invited to take part in the mediation process. If mediation is
unsuccessful, the charge is referred for investigation.
Advantages of Mediation
- EEOC's mediation program is free.
- Mediation is efficient. The process is initiated before an investigation begins and most
mediations are completed in one session, which usually lasts for one to five hours.
- The average processing time for mediation is 84 days.
- The mediation program is completely voluntary.
- Successful mediation results in the closure of the charge filed with EEOC. If mediation
is unsuccessful, the charge is referred for investigation.
- Mediators are neutral third parties who have no interest in the outcome of the mediation.
- Mediation is a confidential process. The sessions are not tape-recorded or transcribed.
Mediator notes taken during the mediation are discarded. Information learned during the
mediation can not be used during an EEOC investigation if the mediation is unsuccessful.
- Mediation is an informal process. The goal of mediation is not fact finding. The purpose
is to discuss the charge and reach an agreement that is satisfactory to all parties.
- Settlement agreements secured during mediation are not admissions by the employer of
any violation of laws enforced by the EEOC.
- Mediation avoids lengthy and unnecessary litigation.
- Settlement agreements secured during mediation are enforceable.
- The overwhelming majority of employers and charging parties participating in EEOC
mediation program are satisfied with the process and would use
- Mediation can help the parties understand why the employment relationship
- Mediation can help the parties identify ways to repair an ongoing
To learn more about EEOC's mediation program, and how to
participate in it, visit the mediation section of the website.
Charges of discrimination may be settled at any time during the investigation. EEOC
investigators are experienced in working with the parties to reach satisfactory settlements. You
should contact the investigator if you are interested in resolving your charge through settlement.
Advantages of Settlement
- Voluntary settlement efforts can be pursued at any time during the investigation, but
settling a charge early may save you the time and effort associated with investigations.
- Settlement is an informal process. The goal of settlement is to reach an agreement that is
satisfactory to all parties.
- There is no admission of liability.
- If the parties, including EEOC, reach a voluntary agreement, the
charge will be dismissed.
- Settlement agreements are enforceable.
- Settlement avoids lengthy and unnecessary litigation.
EEOC is statutorily required to attempt to resolve findings of discrimination through "informal
methods of conference, conciliation, and persuasion." See 42 U.S.C. 2000e-5. After the parties
have been informed by letter that the evidence gathered during the investigation establishes that
there is "reasonable cause" to believe that discrimination has occurred, the parties will be invited
to participate in conciliation discussions. During conciliation, your investigator will work with
you and the Charging Party to develop an appropriate remedy for the discrimination. We
encourage you to take advantage of this final opportunity to resolve the charge prior to EEOC
considering the matter for litigation.
Advantages of Conciliation
- Conciliation is a voluntary process.
- Conciliation discussions are negotiations and counter-offers may be presented.
- Conciliation offers the parties a final opportunity to resolve the charge informally - -
after an investigation has been conducted, but before a litigation decision has been
- Conciliation agreements remove the uncertainty, cost and animosity surrounding
How else can EEOC assist me?
EEOC's outreach, education, and technical assistance efforts are vital components
of our mission to eradicate employment discrimination. Our outreach
program is designed to encourage voluntary compliance with the anti-discrimination
laws and to assist employers, employees and stakeholder groups to understand and
prevent discrimination. Take advantage of our expertise in the area of employment
- Many of our technical assistance materials are available
free of charge. Copies of the laws enforced by EEOC as well as EEOC
regulations are available on our website. The website also offers many
of our enforcement and policy guidances and other materials that
you may find helpful. Pamphlets and brochures about EEOC and the laws it
enforces can also be obtained by completing the publications
request form on the website or by calling 1-800-669-3362 (voice), 1-800-800-3302 (TTY) or 1-513-489-8692 (Fax).
- We offer no-cost outreach and educational programs which make EEOC staff available for
presentations and participation in meetings with employees, employers, community
organizations and other members of the general public.
- We also offer fee-based training and technical assistance programs throughout the
For more information on how we can assist you, visit
the Outreach and Training section
of the website.
Title VII of the Civil Rights Act of 1964 applies to employers with
fifteen (15) or more employees.
The Age Discrimination in Employment Act of 1967 (ADEA) applies to
employers with twenty (20) or more employees.
Title I of the Americans with Disabilities Act of 1990 (ADA) applies to
employers with fifteen (15) or more employees.
The Equal Pay Act of 1963 (EPA) applies to most employers with one or
This page was last modified on March 3, 2003.
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