Position Statement Response
When the employer submits their position statement, we ensure the EEOC hears your side — with evidence, strategy, and precision.
After a charge is filed, the EEOC typically requests a 'position statement' from the employer — their formal response to the allegations. Since 2016, the EEOC has allowed charging parties to review and respond to the employer's position statement. This is a critical advocacy opportunity that most plaintiffs' attorneys either ignore or handle perfunctorily. With EEOC resources stretched thin — staffing at a 10-year low and fewer investigators per charge — the quality of your position statement response carries even more weight in shaping the investigator's conclusions.
What the Employer's Position Statement Contains
The employer's position statement typically presents the company's version of events, identifies its 'legitimate, nondiscriminatory reasons' for the adverse action, and attempts to undermine the employee's account. Employers often include supporting documentation, witness statements, and policy references. Understanding how to deconstruct and respond to these arguments is essential.
Our Response Strategy
We prepare comprehensive position statement responses that address every material assertion made by the employer:
- Point-by-point rebuttal of the employer's stated reasons for the adverse action
- Identification of factual inconsistencies, omissions, and contradictions in the employer's account
- Presentation of supporting evidence the employee possesses — emails, texts, performance reviews, medical documentation
- Legal analysis of why the employer's stated reasons are pretextual
- Requests for specific investigative steps the EEOC should take
Why Most Firms Skip This Step
Many employment attorneys view the EEOC process as a formality to endure before getting to 'real' litigation. They file the charge, wait for the right-to-sue letter, and ignore everything in between. This is a missed opportunity. A strong position statement response can influence the EEOC's determination, strengthen the case for mediation, and create a favorable administrative record that carries weight in subsequent litigation.
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