Navigating EEOC Investigations for Employers

Experienced Legal Counsel for U.S. Equal Employment Opportunity Commission (EEOC) Investigations

Elizabeth K. Stepp
EEOC Investigations for Employers Team Lead
Partner & Yale Graduate

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal anti-discrimination laws that protect employees’ rights in the workplace. This includes employees’ rights under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), and the Genetic Information Nondiscrimination Act (GINA), among other statutes. If the EEOC finds that workplace discrimination occurred during an investigation, this can create exposure to substantial liability.

As a result, when facing an EEOC investigation targeting alleged discrimination, a strategic and effective defense is essential. At Oberheiden P.C., we defend employers against all types of discrimination claims under federal law. If your company is facing an EEOC investigation in response to an employee’s charge of discrimination, our lawyers can assist with steering the inquiry toward a favorable resolution that avoids unnecessary consequences.

The EEOC Investigates When an Employee Files an EEOC Charge

When facing an EEOC investigation, one of the first steps toward executing a sound defense is to determine why the agency is investigating. Making this determination requires a thorough internal investigation—and this investigation should begin as soon as an employer receives a letter notifying it that an EEOC charge has been filed. Filing an EEOC charge is the first step toward asserting employees’ rights under Title VII and other anti-discrimination laws in many cases. Once an employee files a charge that raises (or appears to raise) valid concerns under federal law, the EEOC has a duty to investigate.

EEOC charges can involve allegations of a wide range of violations of federal anti-discrimination statutes—including Title VII, the ADA, ADEA, EPA, and GINA, among others. When conducting an internal investigation in response to an EEOC charge (and an impending EEOC investigation), it is imperative to accurately assess the validity of the employee’s allegations of unlawful conduct. Common allegations in EEOC charges include:

Discrimination based on race, color, ethnicity, genetic information, or national origin
Discrimination based on sex, sexual orientation, gender identity, or pregnancy
Discrimination based on age
Discrimination based on disability
Discrimination based on religious beliefs or practices

An EEOC charge should also notify the employer of the specific conduct that is alleged to be in violation of federal law. Allegations of wrongful termination, unequal pay, disparate treatment based on national origin or other protected characteristics, and other unlawful employment practices are all common. The EEOC aims to ensure that employees are able to effectively assert their legal rights when necessary; and, while EEOC investigations are facially neutral and intended to impartially determine employers’ liability, employers must be prepared to defend their decisions effectively to resolve charges without facing liability for back pay and/or other damages.

The EEOC Investigation Process: A Quick Overview

The EEOC conducts investigations in response to complaints from employees. To trigger an EEOC investigation, an employee’s complaint, formally known as an EEOC charge, must allege workplace discrimination in violation of federal law.

If an employee’s complaint contains adequate allegations, the EEOC will investigate the substance of the allegations at issue. The EEOC is required to complete its investigation within 180 days of a complaint’s filing. During its investigation, the EEOC may seek to have company personnel answer questions, provide personnel files and other evidence, and provide other up-to-date information about the company’s employment practices, policies, and procedures.

After reviewing the evidence gathered in response to the employee’s concerns, the EEOC will notify both the employer and the employee. At this stage, the employee has the opportunity to determine what appropriate action to take (if any) based on the EEOC’s findings and conclusions.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Potential Outcomes of the EEOC Investigation Process

The EEOC investigation process can have a few different outcomes. These decisions are largely up to the EEOC and the employee who filed the complaint:

Immediate Final Decision – After reviewing the EEOC’s notice of its findings, the employee may request an immediate final decision from the agency. Employees will typically choose this route if the agency’s findings are favorable to the employee and the employer’s violation of the law is clear.
Administrative Hearing – Alternatively, the employee may request a hearing before an administrative judge at the agency. An employee may choose to request a hearing if there are questions about the employer’s violation or its implications.
Right to Sue Letter – If the EEOC concludes that no legal remedies are warranted, or if it is unable to make a determination, it will issue a “right to sue” letter to the employee. At this stage, the employee has the right to pursue his or her claims in court by filing a lawsuit against the employer.

Whether an employee requests an administrative hearing or chooses to file a lawsuit in court, settlement is—and remains—a possibility. In some cases, courts will refer employment discrimination claims for mediation as well. Settlement is also a possibility during the EEOC investigation process. Regardless of the outcome of the EEOC’s workplace discrimination investigation, our lawyers can help you make an informed decision about how to protect your company’s interests based on the relevant evidence, and we can provide representation in settlement negotiations, before the EEOC, or in federal court as warranted.

How We Help Employers During (and After) EEOC Investigations

At Oberheiden P.C., we provide effective defense representation for employers facing EEOC investigations. We help employers protect their interests following EEOC investigations as well. Whether your company has just received notice of a discrimination complaint or your company is facing an ongoing inquiry or impending legal proceedings, our team can provide critical services including:

Conducting an attorney-client privileged internal investigation;
Assessing the validity of the employee’s allegations of unlawful employment practices (i.e., the employee’s charge of discrimination);
Communicating with EEOC personnel on your company’s behalf;
Addressing EEOC personnel’s concerns and steering the investigation toward a favorable outcome; and,
Targeting a voluntary resolution if warranted or providing defense representation in the employee’s administrative hearing or in federal court if necessary.

These are just examples. Charges of discrimination and other unlawful employment practices can present substantial risks for employers of all sizes. We understand the risks involved, and we take an effective yet cost-conscious approach to protecting employers by all means available.

FAQs: Mitigating the Employer’s Risk During an EEOC Investigation

When Does the EEOC Investigate Employers?

The EEOC investigates employers in response to complaints from employees. In many cases, filing a complaint (or “charge”) with the EEOC is the first step toward seeking remedies for alleged discrimination in the workplace. Once an employee files a complaint with the EEOC, the agency will notify the employer of the impending investigation—and then the employer will need to work quickly to ensure that it is prepared to execute an informed and strategic defense.

What Happens if the EEOC Determines My Company Discriminated Against an Employee?

If the EEOC determines that an employer has unlawfully discriminated against an employee, the EEOC can render a final decision holding the employer accountable. At this stage, the employer will need to work with its legal counsel to determine if it has grounds to pursue an appeal.

Will My Company’s Anti-Discrimination Policies Provide Protection During an EEOC Investigation?

A company’s anti-discrimination policies can provide protection during an EEOC investigation in some cases. However, the implications of a company’s anti-discrimination policies depend on factors including both: (i) the sufficiency and effectiveness of these policies; and, (ii) whether the company has taken adequate steps to implement and enforce these policies throughout its organization. If witness testimony or other evidence reveals that a company has ignored or failed to enforce its anti-discrimination policies, this could potentially increase the risks involved.

Are Company Executives Required to Sit for Witness Interviews During EEOC Investigations?

The EEOC has the authority to subpoena company executives’ testimony during an investigation. Even though this is an administrative subpoena, the EEOC can seek judicial enforcement if necessary. As a result, company executives need to be very careful when deciding whether (and to what extent) to testify when called upon to do so by the agency.

Do Employers Need to Engage Legal Counsel During the EEOC Investigation Process?

Due to the potential risks involved, employers should engage experienced legal counsel as early in the EEOC investigation process as possible. Experienced legal counsel will be able to assist with conducting an internal investigation, reviewing relevant documents and other evidence, and building an effective defense strategy. Employers’ legal counsel can also interface with EEOC personnel on their behalf, and experienced legal counsel will be able to assist with preserving any and all grounds to appeal the outcome of the employee’s discrimination case if necessary.

Oberheiden P.C. | Employer Defense Lawyers for EEOC Charges and Investigations

Is your company facing an EEOC investigation? If so, we encourage you to contact us promptly to discuss the investigation in confidence. To speak with a senior employer defense lawyer at Oberheiden P.C., call 888-680-1745 or tell us how we can help online now.