Responding to Administrative Charges of Discrimination and Retaliation

When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.

Participants in this webinar learned about:

• The types of administrative complaints that an employer may receive from the EEOC or California agencies
• Specific prohibitions of the applicable laws and regulations, and the standard of proof by which these complaints are generally evaluated
• Strategies employers can use to effectively respond to complaints of discrimination and retaliation
• Proactive measures employers can take to avoid employee complaints.

A webinar from Conn Maciel Carey LLP.

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