Employees (and job applicants) are protected from various forms of discrimination. Employees are also protected from retaliation by employers when they engage in certain types of behavior related to these protections.
If an employee/applicant thinks that his or her rights have been violated, a business owner may receive something called a “EEOC complaint/charge.” The Equal Employment Opportunity Commission (“EEOC”) is a federal administrative agency which assists in the enforcement of federal employment-related anti-discrimination laws, particularly Title VII.
Alternatively, a Michigan business owner may receive an “MDCR complaint/charge” if the employee filed an administrative charge with the Michigan Department of Civil Rights (“MDCR”), which is authorized to enforce the provisions of discrimination under Michigan’s ELCRA.
Employers should not panic, and understand that the EEOC/MDCR provides employers the opportunity to offer their facts before making a decision. Below addresses some options employers have if they receive one of these complaints:
1. Review the Specifics of the EEOC/MDCR Complaint
If an employee does file a complaint against your company, you will be provided a specific document called a “Notice of a Charge of Discrimination” from the EEOC/MDCR. You will want to review this document carefully because it will provide information related to the charge. When reviewing this document, be sure to keep in mind that this charge is only a notice which indicates that a charge has been made and does not mean anything about a finding of discrimination in your case.
2. Draft an EEOC/MDCR Position Statement
In some cases, the EEOC/MDCR complaint may request something called a “position statement.” The position statement is essentially an official response to the allegations launched by the complaint. This is your opportunity to state your version of the events, and make your case as to why the allegations are either false or not illegal. You are not required to have the assistance of a lawyer when your draft this position, although you may choose to use a lawyer. Using a lawyer is highly recommended, because the position statement is exceedingly important, and can have a major impact on the outcome of the case.
3. Consider Mediation
You can attempt to resolve the case through “mediation,” which is essentially a way to resolve the issue outside of a courtroom. In mediation, you will be assigned a mediator, which is a person who will attempt to listen to both parties and develop a solution which is equitable given the circumstances of the case. Importantly, mediation is confidential, participation does not equate to an admission of guilt, and participation may end up being a very cost-effective solution when compared to litigation.
4. Prepare for Your Case
In addition to these things, you should also work hard to prepare for your case. This means responding in a timely fashion to all communication and requests from the EEOC/MDCR. It also means retaining the documents necessary to support your case. When the EEOC/MDCR complaint is made, you will be assigned an EEOC/MDCR investigator who will be used as a point of contact throughout the investigation. Be sure to reply to this person in a timely manner, and reach out if you have any questions.