Employers may consider the following steps if they receive a harassment charge from the EEOC, says employment law attorney Michael Nader (Michael.Nader@ogletree.com), of the firm Ogletree Deakins.

Consider these steps:

• Confirm the employee’s dates of employment, positions held and circumstances of departure, if applicable. Confirm similar information about the alleged harasser.
• Ensure HR and executives are aware of the charge. Thoroughly investigate the complaint.
• Tell all relevant departments and individuals to preserve all info, data and evidence related to the matter.
• Request a two-week extension of the charge response date.
• Assess the risk of a broader EEOC investigation into systemic harassment.

When a worker files a claim with the EEOC, the employer is notified, says HR Director Sruthi Ananthachari.

Whether you must attend an in-person meeting or provide a written response, you need to have all the facts of the case and supporting documents/evidence in your file. You need to present proof if required.

In one instance, I was asked to respond to a notice with details of the incident. The EEOC, after reviewing the response, decided there was no merit in the case and dismissed the claim.

In another situation after responding to the notice from the EEOC, I was advised to come in person for a meeting with the conciliation officer. This happens when the EEOC reviews the case and decides there is possible discrimination, and a meeting is required.

I was advised that I could bring an attorney to the meeting. The person representing the company should be able to make decisions on behalf of the company, including financial decisions. The conciliation officer also has the aggrieved employee in another room and makes an effort to mediate between the two parties.

In my experience, the conciliation officer was very helpful and committed to resolving the issue. You’re generally advised that the process could take a full day and you should be prepared to stay until the evening. In my case, Wi-Fi was available, and I was able to work at intervals throughout the day. If you get a notice from the EEOC:

• Get the facts of the case and document everything.
• Collect relevant documentation, including emails, text messages, WhatsApp and any other forms of communication like MS Teams, Slack, etc.
• Identify witnesses as needed and keep them briefed that there may be a need to meet with EEOC officials.
• Check your policies are consistent with the organizational practices and you do not find any violations. Have copies of your policy ready for documentation needs.
• Share the documents and discuss them with your employment law attorney to prepare a suitable response.