Receiving a discrimination charge from the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC) can place an employer in a difficult position. The allegations may concern discrimination, harassment, retaliation, failure to accommodate, or another claimed violation of state or federal employment law.
A charge is not a court judgment, and it does not mean the agency has concluded that the employer violated the law. It begins an administrative process in which the agency may request documents, interview witnesses, evaluate the parties’ positions, offer mediation, and decide whether further action is warranted.
At Jafari Law Group, we help California employers assess agency charges, preserve evidence, prepare responses, and manage the investigation process. Acting promptly can help a business avoid procedural mistakes and present an accurate account of what occurred.
Understand Which Agency Sent the Notice
The CRD enforces California civil rights laws, including the Fair Employment and Housing Act. The EEOC enforces federal laws prohibiting workplace discrimination.
The agencies often cooperate through work-sharing arrangements, so a charge filed with one agency may also be treated as filed with the other. Employers should review the notice carefully to determine:
- Which agency is handling the investigation
- The employee or former employee involved
- The conduct and employment decisions being challenged
- The protected characteristics identified in the charge
- The deadline for responding
- Whether mediation has been offered
- Whether the agency has requested records or a position statement
When the EEOC receives a charge, it generally notifies the employer within 10 days. The notice ordinarily provides access to the agency’s Respondent Portal, where the employer can review the charge, communicate with the investigator, and upload responsive materials.
CRD follows its own complaint process. When CRD accepts a matter for investigation, it reviews the respondent’s response and the evidence submitted by both sides. The department may seek an early resolution, continue investigating, close the matter, or pursue legal action in an appropriate case.
Calendar Every Deadline Immediately
An employer should record the response deadline as soon as the notice arrives. The deadline stated in the agency’s communication controls.
The EEOC generally gives a respondent approximately 30 days to submit a requested position statement and supporting materials, though the actual deadline may vary.
Do not assume that an extension will be granted. When more time is reasonably necessary, the employer or its attorney should contact the assigned investigator early, explain the reason for the request, and obtain written confirmation of any extension.
Ignoring an agency notice is rarely a sound approach. A lack of response may prevent the employer from correcting factual errors, presenting legitimate reasons for an employment decision, or supplying records that place the allegations in context.
Notify the Right People Without Spreading the Allegations
The charge should be sent promptly to the people responsible for managing the response. Depending on the organization, that may include:
- In-house or outside employment counsel
- Human resources leadership
- The appropriate executive or owner
- The company’s insurance broker or carrier
- The person responsible for preserving electronic records
Distribution should remain limited. Unnecessary discussion of the allegations can create confidentiality concerns, workplace tension, or statements that later become evidence.
Employers should also review applicable insurance policies. Employment practices liability insurance may impose notice requirements, and delayed notice can affect coverage.
Preserve Relevant Evidence
Once an employer learns of a discrimination claim, it should take reasonable steps to preserve information that may be relevant to the dispute. Routine deletion or document-destruction practices may need to be suspended for identified custodians and records.
Potentially relevant evidence may include:
- Personnel and payroll records
- Performance reviews and disciplinary notices
- Emails, text messages, and workplace chat messages
- Job descriptions and organizational charts
- Attendance and leave records
- Accommodation requests and interactive-process communications
- Complaint and investigation files
- Comparator records
- Policies, handbooks, and training materials
- Security footage or access records
- Notes created by supervisors or human resources personnel
Preservation should cover information that may help or hurt the employer’s position. Selectively preserving favorable material while allowing other relevant records to disappear can damage credibility and may create separate legal problems.
Investigate the Allegations Before Drafting the Response
A strong response begins with a reliable factual investigation. The employer should not simply accept a supervisor’s memory or repeat the explanation originally given for an employment decision.
The investigation may require reviewing documents, building a chronology, interviewing relevant witnesses, and comparing the treatment of similarly situated employees. Counsel may also evaluate whether the employer followed its own policies and whether earlier communications are consistent with the position it now intends to take.
Consider a hypothetical example. A former employee alleges that she was terminated because of a disability shortly after requesting an accommodation. The employer believes the termination resulted from repeated attendance violations.
Before relying on that explanation, the employer should examine when it learned of the disability, how the accommodation request was handled, whether protected leave contributed to the attendance record, how other employees were treated, and whether the documented reason was communicated consistently at the time of termination. A response that overlooks those facts may create more risk than it resolves.
Prepare a Focused Position Statement
A position statement is the employer’s written response to the charge. It is often one of the most important documents in the agency process.
The EEOC advises employers to respond specifically and factually to each allegation and to include other facts relevant to the agency’s review.
A useful position statement often includes:
- A brief description of the organization and relevant workplace structure
- A factual chronology of the events
- A direct response to each material allegation
- The legitimate reasons for the challenged decision
- Citations to supporting documents
- An explanation of relevant policies and how they were applied
- Any legal or jurisdictional defenses that apply
- A clear request for dismissal or other appropriate agency action
The response should be persuasive without becoming hostile. Personal attacks against the charging party often distract from the evidence and may reinforce a retaliation narrative.
Broad statements such as “the company never discriminates” are usually less helpful than dates, records, witness accounts, and consistent business reasons.
Treat the Position Statement as a Potentially Disclosable Document
Employers should write with the expectation that their position statement may be reviewed by the charging party or later examined in litigation.
Under EEOC procedures, a charging party may request the employer’s position statement and nonconfidential attachments. Confidential information should be placed in separately labeled attachments rather than included throughout the main response.
Possible confidential material includes medical information, trade secrets, sensitive business data, and personal information involving other employees. Labeling a document “confidential” does not automatically prevent disclosure, so the employer should follow the agency’s instructions and explain the basis for any confidentiality request.
The position statement should also remain consistent with prior documents. A new explanation that conflicts with a termination notice, performance review, unemployment submission, or internal email may be viewed as evidence that the stated reason is not genuine.
Avoid Retaliation
Retaliation claims often arise after the original complaint. Managers should be instructed not to punish, threaten, isolate, or treat an individual differently because that person filed a charge, participated in an investigation, requested an accommodation, or raised concerns about discrimination.
This restriction can apply even when the employer believes the underlying discrimination accusation is unsupported.
The employer may still enforce legitimate policies and address documented performance or misconduct. Those decisions should be reviewed carefully and applied consistently. Timing, tone, documentation, and comparator evidence can affect how later actions are interpreted.
Witnesses who participate in the investigation should also be protected from retaliation.
Decide Whether Mediation Makes Sense
Both CRD and the EEOC may offer mediation or another form of voluntary dispute resolution. Mediation allows the parties to discuss a possible resolution with a neutral mediator without waiting for the full investigation to conclude.
CRD describes mediation as a confidential process in which the parties retain control over whether and how the dispute is resolved.
EEOC-mediated settlement agreements are enforceable in court.
Agreeing to mediate does not necessarily mean the employer admits wrongdoing. It may provide a way to control cost, reduce disruption, address nonmonetary concerns, or resolve a dispute before the parties become more entrenched.
Mediation may be less suitable when the parties lack enough information to evaluate the claim, when the charging party’s demand is far removed from the available evidence, or when the business needs an agency determination on a disputed issue. The decision should account for the facts, potential exposure, defense costs, workplace effects, and business priorities.
Respond Carefully to Requests for Information
An agency may seek personnel files, policies, payroll data, comparator information, communications, witness details, or broader workforce data.
Employers should not ignore these requests, but they should assess the scope before producing records. A request may involve confidential third-party information, information unrelated to the allegations, or data that requires substantial collection and review.
Counsel can communicate with the investigator about unclear or overly broad requests, propose a reasonable production plan, and identify appropriate confidentiality protections. Responses should be complete and accurate. Guessing, withholding unfavorable records without a lawful basis, or submitting altered materials can cause serious harm.
Maintain Consistent Communications With the Agency
The employer should identify one person, often legal counsel or a senior human resources representative, to communicate with the investigator. Centralizing communications reduces the chance of conflicting explanations or missed requests.
Keep copies of:
- Agency notices
- Portal messages
- Submitted position statements
- Produced documents
- Correspondence about extensions
- Mediation communications
- Interview or information requests
- Delivery and submission confirmations
Agency investigations may continue for months. The EEOC states that the length of an investigation depends on the facts and the information that must be gathered.
During that period, personnel changes and fading memories can make later responses harder. An organized file helps the employer maintain a consistent record.
Common Mistakes When Responding to a Charge
Several errors can weaken an otherwise defensible matter.
One is preparing the response before completing a factual review. Another is submitting excessive material without explaining why it matters. A large document production does not replace a clear chronology and direct answers.
Employers may also create problems by using different reasons for the same decision, relying on policies that were not followed, overstating facts, or attacking the charging party.
Failing to preserve messages, disregarding deadlines, discussing the charge widely, or allowing retaliatory conduct can turn a manageable agency matter into a more serious dispute.
What Happens After the Response Is Submitted?
The agency may review the submission, ask follow-up questions, interview witnesses, request more records, or encourage settlement. CRD may attempt to resolve the matter during its investigation and may decide whether legal action is appropriate.
The EEOC may dismiss the charge, issue a determination, attempt conciliation, or issue a notice allowing the charging party to pursue a lawsuit. The exact path depends on the agency, the governing law, the evidence, and the procedural history.
An agency closure does not always prevent later litigation. Employers should preserve the response file and consult counsel about any continuing obligations or deadlines.
Speak With a California Employment Attorney
A CRD or EEOC charge can affect an employer’s legal position well beyond the administrative investigation. Early decisions about preservation, witness interviews, response language, confidentiality, and mediation may shape any later lawsuit.
Jafari Law Group represents California businesses in employment disputes and agency proceedings. We can review the charge, investigate the facts, communicate with the agency, prepare the position statement, and advise the employer on mediation and litigation risk.