EEOC Position Statement: How to Get It and Respond
The EEOC lets charging parties request the employer's position statement and respond. Learn how to get a copy, what may be redacted, and what to include.
What Is an EEOC Position Statement?
A position statement is the employer's written answer to a charge of discrimination. The EEOC calls it the Respondent's Position Statement. In it, the employer gives its version of the facts, its reasons for the actions described in the charge, and any legal defenses, usually with supporting documents. It is an argument from one side, not a finding. The EEOC uses it, along with information from the worker, to assess credibility and focus its requests for more information.
When the Employer Submits One
The EEOC notifies the employer of a charge, and some charges are first offered to mediation. If a charge is not sent to mediation, or mediation does not resolve it, the EEOC says it usually asks the employer for a position statement. The agency generally gives the employer 30 days to gather the requested information and submit the statement and attachments. Not every charge reaches this step, and some employers submit additional documents later when the investigator asks.
How to Get a Copy
Under nationwide procedures in place since 2016, the EEOC releases the employer's position statement and non-confidential attachments to the charging party or their representative on request. The EEOC says you will receive an email when the statement is available, and you can obtain it through the EEOC Public Portal. You can also tell the assigned investigator that you are requesting the position statement. Keep a copy of the version you receive and note the date you received it.
What the EEOC May Redact
The EEOC reviews the statement before release and may remove confidential material. Employers are told to put certain information in separately labeled attachments, including sensitive medical information about people other than you, Social Security numbers, confidential commercial or financial information, trade secrets, unrelated personal details of witnesses or coworkers, and references to other people's charges. Your own medical information is not treated as confidential from you. If something you need seems missing, ask the investigator.
Your Response Deadline and Extensions
The EEOC asks charging parties to respond within 30 days. Its pages describe the starting point differently, as the date the EEOC sent the statement or the date you received it, so confirm the exact due date with the investigator. If you need more time, the EEOC encourages you to contact the investigator as early as possible and confirm any agreed extension and new due date in writing. The agency says a brief extension may be allowed when a party is working diligently to supply the necessary information.
How to Read the Employer's Statement
The EEOC's guidance to employers says a position statement should respond to every allegation, identify supporting documents and witnesses, name the decision-makers, describe relevant policies, and explain why people in similar situations were treated differently. Use that list as a checklist. Note which allegations the employer does not address, which claims have no document behind them, where dates or reasons conflict with your records, and whether the reason given now differs from what you were told at the time.
What to Include in Your Response
The EEOC says your response should focus on the facts and identify the specific documents and evidence that support your allegations or challenge the employer's position. A clear approach is to answer the statement point by point, quote or cite the section you dispute, and attach or describe the proof, such as emails, texts, schedules, pay records, performance reviews, or names of witnesses who saw what happened. Stay accurate and avoid adding new claims without first discussing them with the investigator.
You Do Not Have to Respond in Writing
A written response is common, but the EEOC says it is not required. You may instead contact the investigator and give your response verbally or in a meeting. If you choose that route, prepare notes in advance, bring or send the documents you rely on, and afterward send a short email summarizing what you covered. If anything in the position statement is confusing, the EEOC advises contacting the investigator right away with questions.
Is Your Response Shared With the Employer?
The EEOC says it will not provide your response to the employer during the investigation. The agency releases the charge and the position statement, the first formal documents from each side, and does not currently plan other disclosures at that stage. If the investigator needs more evidence to address points in your response, the investigator may contact the employer. After reviewing your response, the investigator will discuss next steps, which may include requests for more information from either side.
Retaliation for Taking Part Is Prohibited
Federal EEO laws prohibit retaliation against employees and applicants for filing or being a witness in an EEO charge, investigation, or lawsuit. Responding to a position statement is part of that process. If you still work for the employer and face discipline, schedule cuts, a transfer, or other negative treatment after the charge or your response, record the dates and details and tell the investigator. Ask the investigator how to raise it rather than assuming the original charge already covers it.
When to Get a Free Consult
Get a free consult when the position statement arrives, when you are unsure how to answer it, or when the employer's account contradicts your records. This article is general information, not legal advice. Procedures can differ when a state or local fair employment agency handles the charge, and rights depend on the law involved, the employer, the deadlines, and the full record. Keep the separate 90-day right-to-sue deadline in mind if a notice is issued.
Primary Sources
- EEOC: Questions and Answers for Charging Parties on Position Statement ProceduresAccessed September 24, 2026
- EEOC: What You Can Expect After You File a ChargeAccessed September 24, 2026
- EEOC: Effective Position StatementsAccessed September 24, 2026
- EEOC: What You Can Expect After a Charge Is Filed (Employers)Accessed September 24, 2026
- EEOC: RetaliationAccessed September 24, 2026
- U.S. Code: 42 U.S.C. Section 2000e-3Accessed September 24, 2026
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