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What happens when an employer fails to respond to an EEOC discrimination and retaliation charge by the deadline?
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I have a discrimination and retaliation case that my former employer didn’t respond to. I have legal counsel as well, but he’s currently on vacation till next week. My former employer didn’t put up a position statement or file an extension; they fully missed the deadline, and an investigator was assigned. How might this impact the defendants in this case moving forward?
I’m sorry to hear about the challenges you’re facing with your discrimination and retaliation case. Can you tell me when the deadline for your former employer to respond was?
The charge was filed on the seventh of last month. I’m not sure when the EEOC gave them notice, but one of the paralegals for my counsel stated...
Have you received any communication from the investigator assigned to your case regarding the next steps?
Not yet, other than it’s been assigned.
Is there anything else the Employment Lawyer should know before I connect you? Rest assured they’ll be able to help with your discrimination case.
Nothing, other than I meant to say the paralegal told me the timeline lapsed.
Thank you for choosing our service! My name is Jessica and I am a licensed attorney that will be assisting you with your question. I understand you’re dealing with a situation where your former employer missed the deadline to respond to your discrimination and retaliation case, and an investigator has been assigned. Have you considered any specific actions or legal steps you might take in response to this situation?
No, and I have counsel; they’re just out of the office. I’m just mainly wondering how this could impact my case moving forward.
Has your former employer requested any extensions from the EEOC regarding their response?
No. In fact, there have been no responses at all.
Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:
When an employer fails to respond to a discrimination and retaliation charge (charges are filed and processed under 42 U.S.C. § 2000e-5, and retaliation is prohibited by 42 U.S.C. § 2000e-3(a)) by the deadline, it can have several implications. The EEOC may proceed with the investigation without the employer’s input, which could potentially weaken the employer’s defense. The EEOC’s investigative authority is set out in 29 C.F.R. § 1601.15, and it can compel information from a non-responsive employer by subpoena under 29 C.F.R. § 1601.16. The lack of a response might also be viewed unfavorably by the EEOC, as it suggests non-compliance or lack of cooperation with the investigation process. This could lead to a default judgment or a finding in favor of the complainant if the evidence supports the claims. The EEOC’s reasonable cause determination process is set out in 29 C.F.R. § 1601.21. Additionally, the employer’s failure to respond might expedite the investigation process, as there are no counterarguments or evidence to consider from their side.
Let me know if you have any questions or clarifications, if not I’ll move forward with guidance.
I think that’s all. Thank you.
I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don’t hesitate to reach out whenever you need assistance!
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