Employer Charge Answer

The questionnaire typically asks for information about employment policies, work performance and the employer is served with a copy of the charge by certified or registered mail. The employer is given a deadline to submit a written response to each allegation on the charge. The employer is also expected to submit a position statement summarizing its defenses and side of the story in its own words. The position statement typically cites some past case law that should assist the investigator in determining whether there is a violation of the law.

Some agencies also send a questionnaire along with a request for documents. The questionnaire typically asks for information about employment policies, work performance of other employees in the same position to determine whether the employer’s treatment of the Complainant was in line with the treatment of others not in the same protected category. Employers are also asked to provide documents such as whether the complaining employee was treated differently from the norm.

An employer’s response to the charge and submissions to the agencies play a vital role in the determination whether the complaining employee has a viable claim. If the documentation submitted established that the employer treated the complainant according to its policies and in line with other employees not in the protected class, the investigation is more likely to conclude that no violation occurred. If on the other hand, the submissions are incomplete, sloppy, inaccurate or poorly supported, a finding of a violation is more likely.