Defense of EEOC Charges: the Portal Process

   In January, 2016, the Equal Employment Opportunity Commission (“EEOC”) implemented a “Digital Charge System” – an electronic process for the handling of EEOC claims or “Charges” brought by employees against their employers. Now, when a current or former employee files a Charge against his or her employer through the EEOC, the employer (referred to by the EEOC as the “Respondent”) will receive an email to the last email address in the EEOC system, notifying the business of the filed Charge. If no email address is on file with the EEOC, a paper Notice of Charge will be mailed to the employer. If an incorrect email is on file at the EEOC, a Notice of Charge may be lost in cyberspace, putting the employer at risk of missing important deadlines. For example, the EEOC may have on file the email address for a human resources manager who is no longer at the business.  It is therefore recommended that employers contact the EEOC to ensure that the EEOC has the correct email address, and the correct contact person, in its records.

 The electronic process for the defense of an EEOC Charge against an employer begins when the EEOC sends the business a Charge number and login information for access to the EEOC Portal. Upon receipt of the login instructions, the employer and/or the employer’s legal counsel should promptly login to the Portal (found at https://nxg.eeoc.gov/rsp/login.jsf). Once the Portal is accessed, the employer and/or the employer’s legal counsel, will be able to review the Charge, the status of the Charge, deadlines for responding to the Charge, mediation options, and other important information. Employers and their legal counsel will also be able to communicate with the EEOC through the Portal, as well as upload responses and documents requested by the EEOC for the investigation of the Charge.

 This law firm has over 25 years’ experience in defending EEOC Charges. An experienced employment law attorney understands the legal issues that arise in EEOC Charges such as: overbroad and over burdensome EEOC demands and subpoenas; confidentiality issues; witness affidavits; on-site investigations; and the employer’s right to information provided to the EEOC by the employee.  Should you or your business have any questions about the EEOC Charge process please feel free to contact Madeline S. Wirt  at mswirt@wdjwlaw.com. Ms. Wirt has been defending employers for decades and would be most interested in representing any business in the defense of an EEOC Charge, or in any other employment related matter.