Four Pitfalls To Avoid When Responding To A Charge Of Discrimination

When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the employer. If the employer initially responded to the investigating agency without the help of legal counsel, mistakes or oversights may have been made during the administrative phase that can affect the case's overall success during litigation. Here are some common mistakes employers sometimes make when responding to a charge of discrimination.

1. Providing Too Much Information

Under a U.S. Equal Employment Opportunity Commission (EEOC) directive, a charging party is provided the employer's response before a determination is made in the case. While this procedure is patently unfair to employers, it is nevertheless something to bear in mind when preparing the response. An effective position statement provides enough information to demonstrate