Working with the EEOC: Participating in the EEOC Investigative Process for Discrimination and Retaliation Claims

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William Wright, Esq. of Sherman & Howard

Every employer of size in the United States is subject to investigation by the EEOC. Some investigations begin because an employee has filed a charge of discrimination or retaliation with the EEOC; the EEOC may initiate other charges and investigations on its own. The investigation is the first step toward the EEOC issuing a letter of determination concerning the underlying charge, and, if the EEOC finds cause to believe that discrimination or retaliation has occurred, the EEOC may choose to sue the employer. During the investigation, the EEOC will require the employer to provide information, supporting statements, and electronic employee data. How can an employer best participate in an EEOC investigation? What must the employer do itself and when should you call for an attorney's assistance?

This session includes:

  • The EEOC's jurisdiction, including the statutes the EEOC enforces and the standards for employer and employee coverage.
  • The public policies underlying EEOC investigations and the role of the scope of an investigation in limiting future legal disputes over the same charge(s).
  • The special issues that attract the EEOC's notice.
  • The EEOC's administrative process - as seen from the perspective of employers.
  • The scope of the EEOC's power to subpoena information, to solicit information from employees, and to interview managers and officers of the employer.
  • The steps of an EEOC investigation.
  • When employers are well advised to be forthcoming with an EEOC investigator and when employers should wait for further EEOC action.
  • When and how may an employer resist an EEOC subpoena for further information.
  • Steps employers should take within their organizations to respond to the EEOC and to prepare for further legal conflict arising from the same charge(s).


By listening to the entire presentation you can self-report 1.5 hours for recertification and/or CLE credit.  Please contact IAML for information.

The fee for this OnDemand webcast and materials is $219.00. You may view the program as many times as you'd like and your access will not expire.