Few things unsettle an HR leader or business owner faster than receiving a letter from the U.S. Equal Employment Opportunity Commission (EEOC). The official document, called a Charge of Discrimination, means that a current or former employee—or even an applicant—has alleged your company violated federal anti-discrimination laws.

But here’s what many employers don’t realize: receiving a charge doesn’t mean your organization has done something wrong. It simply triggers a fact-finding process. How you respond in the first few weeks can strongly influence the outcome.

The 2025 HR Benchmark Report found that 48% of SMBs faced an employee complaint requiring legal or regulatory review in the past two years—yet nearly half admitted they had no formal process to handle EEOC or state agency charges. That lack of preparation can lead to costly missteps.

Step 1: Review the Charge Carefully

When you receive a charge, read it thoroughly to understand:

• Who filed it (employee, applicant, or former worker)

• Which law is cited (Title VII, ADA, ADEA, Equal Pay Act, etc.)

• What type of discrimination is alleged (race, sex, age, disability, retaliation, etc.)

• The relevant dates or incidents

The EEOC’s notice will also tell you which of your locations is involved, the response deadline (often 30 days), and whether the agency is requesting mediation or a written position statement.

Make note of every detail and immediately preserve all relevant records—emails, performance notes, pay data, and witness statements. Deleting or altering records after receiving a charge can be considered retaliation or obstruction.

Step 2: Notify Key Internal Stakeholders

Once you understand the scope, inform your HR leader, legal counsel, and senior management. If your organization has an HR compliance partner or uses a third-party service like Asure’s HR Compliance subscription, notify them immediately to begin the documentation process.

Only share details with those who need to know. Confidentiality is crucial; discussing the charge with unrelated staff or retaliating against the complainant can worsen the situation and violate EEOC rules.

Step 3: Consider Mediation Before Investigation

Many EEOC charges qualify for voluntary mediation—a confidential process where both sides try to resolve the issue quickly without a formal investigation. According to EEOC statistics, nearly 70% of mediated cases reach a successful resolution, often saving months of time and legal costs.

Mediation isn’t an admission of guilt—it’s an opportunity to settle the issue, clarify misunderstandings, or agree on corrective actions. If the charge seems based on a specific event or misunderstanding rather than systemic discrimination, mediation may be the best path forward.

Step 4: Prepare a Detailed Position Statement

If mediation isn’t pursued or fails, you’ll need to submit a position statement—your company’s formal written response. The EEOC uses this document to determine whether discrimination likely occurred.

A strong position statement should:

• Address each claim directly and factually

• Include documentation that supports your account (e.g., policies, evaluations, time records, pay data)

• Demonstrate consistency in how similar situations were handled

• Describe any legitimate, nondiscriminatory reasons for actions taken

For example, if an employee alleges gender discrimination in a promotion decision, include objective data—performance ratings, experience levels, or skills assessments—showing how the decision aligned with policy.

The 2025 HR Benchmark Report revealed that companies with documented HR systems were 2.5x more likely to have charges dismissed early because their records provided clear evidence of compliance.

Step 5: Cooperate Fully During the Investigation

After your position statement is submitted, the EEOC may request interviews, additional documents, or an on-site visit. Cooperation matters. Investigators typically look favorably on employers who are responsive, organized, and transparent.

Provide requested information promptly, but avoid offering more than what’s asked. Stay factual—speculation or emotional language can undermine credibility.

If the EEOC finds insufficient evidence, the case will likely be dismissed with a “no cause” finding. If it finds evidence of discrimination, the agency may attempt conciliation (a voluntary settlement). Only a small percentage of cases proceed to court.

Step 6: Prevent Retaliation at All Costs

One of the most common mistakes employers make is allowing subtle or overt retaliation against the complainant. Even if the original charge has no merit, retaliation claims can stand alone—and they’re the most frequently filed EEOC complaint, appearing in over 55% of all charges.

Remind managers that no one should treat the employee differently, change their assignments, or alter schedules because of the complaint. Retaliation not only exposes your business to additional penalties but also damages employee trust and morale.

Step 7: Learn from the Process

Whether the charge is dismissed or results in a settlement, use it as a learning opportunity. Conduct a post-case review:

• Were policies clearly communicated?

• Was training provided to managers?

• Did documentation exist to support decisions?

• Are there culture or communication issues that need attention?

The Benchmark Report found that growing companies are 40% more likely to update handbooks and training within six months of a claim—a proactive move that helps prevent recurrence.

Step 8: Strengthen Compliance Systems

A charge of discrimination is stressful, but it can also be the catalyst to modernize your HR and compliance systems. Consider implementing:

• Centralized employee records for consistent documentation

• Automated policy acknowledgments through HR software

• Regular anti-harassment and bias training for all staff

• Anonymous reporting channels for early issue resolution

Compliance tools—such as those offered through Asure’s HR & Payroll platform—can automate record-keeping and ensure policies are applied fairly and consistently. The result is a stronger culture, better risk management, and greater confidence should an audit or charge ever occur again.

Respond with Calm, Clarity, and Consistency

An EEOC charge doesn’t define your organization—it tests your systems. The best defense is preparation: clear policies, consistent documentation, and well-trained managers.

Handle every charge with professionalism, cooperation, and empathy. With the right response strategy and a strong compliance foundation, you can navigate the process successfully—and emerge with a stronger, more resilient organization.

This article is provided for informational purposes only and does not constitute legal advice. Employers should consult qualified legal counsel for guidance specific to their situation or jurisdiction.