Employment Discrimination Defense Attorney for Employers — EEOC Charges and Prevention

A discrimination charge can arrive even when an employer has done nothing wrong. An employment discrimination defense attorney helps employers respond carefully, protect the business and prevent future claims.

Most discrimination claims begin with a charge filed with the EEOC or a state agency. The employer's first response often shapes the outcome. Therefore, treat every charge seriously from day one.

This guide explains the EEOC process, position statements, investigations and practical prevention.

The EEOC charge process

Employees generally must file a charge within 180 days of the alleged discrimination, or 300 days in states with their own agencies. The EEOC then notifies the employer.

Federal laws apply based on employer size. For example, Title VII and the ADA generally cover employers with 15 or more employees, and the ADEA covers employers with 20 or more. Moreover, many state laws cover smaller employers.

The EEOC may offer mediation. Otherwise, it asks for a position statement and may request documents. Consequently, an employer employment-law consultation at this stage is valuable.

Writing the position statement

The position statement is the employer's account. It should explain the legitimate, non-discriminatory reason for the decision and support it with documents. Furthermore, it should be accurate, because inconsistencies can suggest pretext.

Attach relevant policies, performance records and comparator information where appropriate. However, avoid attacking the employee personally. A calm, factual statement is most persuasive.

Internal investigations

When an employee complains internally, investigate promptly and fairly. Interview witnesses, review documents and record findings. Moreover, take appropriate action if misconduct is found.

A good investigation can be a strong defense, particularly in harassment cases. A workplace investigation consultation helps plan the process. Importantly, never retaliate against someone for complaining, because retaliation claims are often easier to prove than the original claim.

Prevention

Clear policies prevent many claims. An employee handbook should cover anti-discrimination, harassment reporting and discipline procedures. Additionally, train managers to apply policies consistently.

Classification also matters. Misclassifying employees as contractors creates separate liability. Our misclassification review checks your workforce. For separations, a well-drafted severance agreement with a release reduces risk. For immigration compliance, see our guide to I-9 compliance audits.

Our Employer Defense services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Employer Defense services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Employer Defense help in California

We prepare employer defense documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Employer employment-law consultation in Los Angeles, Employer employment-law consultation in San Diego, Employer employment-law consultation in San Francisco. Similarly, see Workplace investigation consultation in California.

Employer Defense help in Texas

We prepare employer defense documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Employer employment-law consultation in Houston, Employer employment-law consultation in Dallas, Employer employment-law consultation in San Antonio, Employer employment-law consultation in Austin. Similarly, see Workplace investigation consultation in Texas.

Employer Defense help in Florida

We prepare employer defense documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Employer employment-law consultation in Miami, Employer employment-law consultation in Orlando, Employer employment-law consultation in Tampa. Similarly, see Workplace investigation consultation in Florida.

Employer Defense help in New York

We prepare employer defense documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Employer employment-law consultation in New York City, Employer employment-law consultation in Brooklyn. Similarly, see Workplace investigation consultation in New York.

Employer Defense help in Illinois

We prepare employer defense documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Employer employment-law consultation in Chicago. Similarly, see Workplace investigation consultation in Illinois.

Employer Defense help in Georgia

We prepare employer defense documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Employer employment-law consultation in Atlanta. Similarly, see Workplace investigation consultation in Georgia.

Employer Defense help in Arizona

We prepare employer defense documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Employer employment-law consultation in Phoenix. Similarly, see Workplace investigation consultation in Arizona.

Employer Defense help in Pennsylvania

We prepare employer defense documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Employer employment-law consultation in Philadelphia. Similarly, see Workplace investigation consultation in Pennsylvania.

Employer Defense help in Washington

We prepare employer defense documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Employer employment-law consultation in Seattle. Similarly, see Workplace investigation consultation in Washington.

Employer Defense help in Colorado

We prepare employer defense documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Employer employment-law consultation in Denver. Similarly, see Workplace investigation consultation in Colorado.

Employer Defense help in Massachusetts

We prepare employer defense documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Employer employment-law consultation in Boston. Similarly, see Workplace investigation consultation in Massachusetts.

Employer Defense help in Nevada

We prepare employer defense documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Employer employment-law consultation in Las Vegas. Similarly, see Workplace investigation consultation in Nevada.

Employer Defense help in New Jersey

We prepare employer defense documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Employer employment-law consultation in Newark. Similarly, see Workplace investigation consultation in New Jersey.

Employer Defense help in North Carolina

We prepare employer defense documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Employer employment-law consultation in Charlotte. Similarly, see Workplace investigation consultation in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Employer employment-law consultation in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.