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New EEOC Procedures For Position Statements: Latest Strategies For Responding To Discrimination Or Retaliation Charges

Date: Recorded
New EEOC Procedures For Position Statements: Latest Strategies For Responding To Discrimination Or Retaliation ChargesIn a press release announcing its new national policy on position statements, the Equal Employment Opportunity Commission (EEOC) stated that it’s in an employer’s interests to “provide an effective position statement that focuses on the facts” when responding to an EEOC charge alleging unlawful discrimination or retaliation.

The EEOC also outlined what makes a position statement effective. The document should be “clear, concise, complete and responsive” and explain the employer’s version of the facts while citing specific evidence, including documents, to support its position.

Once provided, the agency will be in a better position to conduct its investigation and customize its necessary requests for additional information before issuing a probable cause finding or sending the employee a right-to-sue letter.

But, how far should you go to explain your side when responding to a charge?

What are some ways position statements may be drafted in a manner that raises red flags with the EEOC and places employers under its microscope for questionable, and potentially unlawful employment policies and procedures?

Finally, what are the top enforcement threats on the EEOC’s radar right now? Charges filed against your organization for those types of alleged violations could lead EEOC investigators to subject your position statement(s) to added scrutiny.

Join us when Susan Hiser and Naomi Oglesby, both seasoned employment attorneys, will explain the practical impact of the EEOC’s new nationwide procedures on position statements, best practices for developing and presenting your defense to the EEOC when responding to a charge, and much, much more.

Learning Objectives
  • The EEOC’s top enforcement priorities
  • The practical effect of the EEOC’s new nationwide policy on position statements, in effect as of January 1, 2016, including the impact on what information should be marked “confidential”
  • How to develop and present your valid defense(s) to the EEOC
  • The key mistakes to avoid when drafting position statements
  • The important but often omitted sections that employers leave out of their position statements
  • Practical pointers on what you can do long before a charge is filed to minimize your risk of liability
  • How to document to protect yourself and the company in the event of EEOC charges
  • And more!
In just 90 minutes, you'll learn best practices for developing and presenting your defense to the EEOC when responding to a discrimination or retaliation charge.

About Your Presenters

Susan Hiser, Esq.
Vice President, Director & Shareholder
The Murray Law Group

Susan Hiser practices in the areas of labor and employment litigation on behalf of private and public sector employers. Ms. Hiser represents employers in litigation filed in both state and federal courts, as well as in administrative proceedings before the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, and the Michigan Employment Relations Commission. She has experience in representing employers in multi-plaintiff harassment and disparate treatment cases. In addition to counseling employers on various employment matters, such as FMLA compliance, disciplinary issues and workplace investigations, Ms. Hiser has drafted and reviewed employment contracts, personnel policies, and employee handbooks. She has also conducted in-house training on all areas of employment law, including harassment prevention, legal compliance, and workplace policies. Ms. Hiser is frequently called upon both to assist in and to conduct workplace investigations on behalf of her clients.


Naomi N. Oglesby, Esq.
Associate
The Murray Law Group, P.C.

Ms. Naomi Oglesby defends management-side clients against the full spectrum of employment claims, including harassment, discrimination, retaliation, breach of contract, confidentiality agreements, medical leaves, wage and hour laws, and other employment-related administrative charges and lawsuits. She litigates these matters in state and federal courts at the trial and appellate levels, having prevailed before the United States Court of Appeals for the Sixth Circuit, the U.S. District Court for the Eastern District of Michigan, and state appellate and circuit courts. Ms. Oglesby also regularly represents employers before numerous administrative agencies, including the Equal Employment Opportunity Commission, the Michigan Department of Civil Rights, and the Department of Labor.

In addition to litigation matters, Ms. Oglesby counsels employers regarding strategies to avoid liability and to employ sound management practices. She advises managers and human resource professionals in responding to harassment and discrimination allegations, administering leave, workplace policies and disability accommodations, and solving workplace conflicts. She also represents companies in employment-based immigration petitions.

Prior to joining The Murray Law Group, P.C., Ms. Oglesby was an associate in the Litigation Practice Group of a prominent general practice law firm in the Metro Detroit area. During law school, Ms. Oglesby completed a judicial internship with Chief Judge Denise Page Hood at the United States District Court for the Eastern District of Michigan. She is a graduate of the University of Missouri Columbia, where she received a Bachelor of Journalism degree, and Wayne State University Law School, where she received a Juris Doctor degree and served as Assistant Editor of the Wayne Law Review.
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New EEOC Procedures For Position Statements: Latest Strategies For Responding To Discrimination Or Retaliation Charges
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