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Receiving notice that a complaint has been filed with the U.S. Equal Employment Opportunity Commission (EEOC) is a moment no employer wants to experience. Whether the claim involves race, gender, age, disability or another protected category, an EEOC complaint initiates a formal process that can consume significant time, energy and resources.
The emotional weight of the accusation alone—particularly when the allegations come as a surprise—can tempt even seasoned leaders into poor decisions. But your company’s response during an EEOC investigation is critical. Missteps can escalate the situation, prolong the process and lead to legal or reputational consequences.
Below, we discuss the most common (and avoidable) mistakes employers make when the EEOC comes knocking—and what to do instead.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating workplace discrimination complaints based on age, race, religion, national origin, sex, color, veteran status and disability. Discrimination filings are more common than many employers realize—88,531 charges were lodged with the Commission in 2024.
Once a charge is filed, the EEOC may request a written position statement, supporting documentation, workplace access, and interviews with employees. Your company is legally required to cooperate throughout the process.
If your company is facing an EEOC charge, your response matters. While it’s understandable to feel overwhelmed, especially if the complaint comes as a surprise, how you react can directly influence the investigation's outcome.
To help you navigate the process successfully, here are eight common mistakes employers make during EEOC investigations—along with steps you can take to avoid them.
Some employers mistakenly assume that an EEOC notice is just a formality or that the agency is too overwhelmed with cases to act. While the EEOC does face backlogs, it continues to secure significant recoveries—more than $381.7 million in 2022 alone—for individuals who experienced unlawful discrimination.
Ignoring a notice or assuming it will go away can backfire. A failure to cooperate or take the process seriously may increase the risk of a negative outcome, including court-ordered damages, job reinstatement, or mandated policy changes.
EEOC notices include a strict deadline for submitting your company’s position statement—a written response detailing your side of the story. Failing to meet this deadline, or waiting until the last minute to request an extension, can create a negative impression and limit your options.
If you anticipate needing more time, notify the EEOC early. Prompt communication shows that your company is cooperative and invested in a transparent response.
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Many employers craft their EEOC position statement based on prior conversations with the employee—or their own assumptions about the complaint. This approach can lead to a vague or incomplete response that fails to address the core issues.
Instead, read the charge carefully, conduct a thorough internal investigation, and gather supporting documentation. Address each allegation directly and avoid general denials. A targeted, fact-based response is far more persuasive than a defensive or emotional one.
If you partner with a certified professional employer organization (PEO) like Axcet HR Solutions, your PEO can assist with gathering relevant documentation and drafting a compliant, comprehensive position statement.
Once the process begins, some employers make the mistake of shutting down communication—either out of fear or frustration. But failing to engage with the EEOC during an investigation may appear evasive and damage your credibility.
Maintain regular, professional communication with the assigned investigator. Respond promptly to requests for information and demonstrate your willingness to cooperate. Proactive communication may even reduce the duration of the investigation.
RELATED: An Employee Makes a Racial Discrimination Claim, Now What? >>
While not every complaint escalates to litigation, EEOC charges are legal matters—and should be treated as such. Employers who attempt to handle the entire process without legal guidance often miss key compliance obligations or overlook potential liabilities.
An experienced employment attorney can help you:
Determine whether the allegations fall within the EEOC’s jurisdiction
Craft a strong position statement
Evaluate the merits of mediation or settlement
Prepare for possible litigation
Even when a claim seems meritless, professional legal insight can reduce your long-term risk.
Retaliation is one of the most frequent—and costly—mistakes employers make in response to EEOC claims. Taking adverse action against an employee who filed a complaint, such as demotion, reduced hours or termination, may result in a separate retaliation charge—even if the original discrimination claim is dismissed.
Retaliation charges account for more than half of all EEOC filings and are often easier for the agency to prove. Avoid the temptation to “get even.” Continue treating the employee in a consistent, professional manner, and document all employment decisions carefully.
RELATED: Retaliation Claims - Why There's Never a Good Time To Get Even >>
The EEOC may request employment policies, personnel files, interview access, or workplace visits. Employers who delay or withhold requested materials risk appearing noncompliant—or even obstructive.
To avoid complications:
Respond promptly to information requests
Preserve and produce relevant documents
Designate a point of contact to manage communication
Delays, denials, or missing records can escalate the investigation and may lead the EEOC to issue subpoenas or recommend enforcement action.
Small businesses are often stretched thin—and compliance initiatives may take a backseat. But when an EEOC complaint arrives, the lack of preparation becomes a liability.
Employers should have:
An up-to-date equal opportunity policy
Clearly communicated anti-discrimination and anti-harassment policies
A formal process for internal complaints and investigations
Consistent documentation and employee records
Routine EEO training for managers
The EEOC also requires employers to retain specific records for defined time periods. Without proper retention practices, your company may be unable to produce documentation critical to your defense.
Facing an EEOC investigation can be daunting—but with proactive planning and professional guidance, your business can reduce its risk and respond effectively. Axcet HR Solutions helps small and mid-sized companies navigate the complexities of EEOC compliance, ensuring HR policies, training, and documentation are ready before challenges arise.
Explore Axcet’s HR compliance services and learn how a certified PEO like Axcet can help you stay prepared—no matter who comes knocking.
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