The Company Position Statement in Discrimination Cases 

Company Defense and Response to a Charge of Discrimination 

The EEOC or state Human Rights Commission, such as the Missouri Commission on Human Rights, often requests an employer provide a "position statement," or detailed written response to a charge of discrimination made by a current or former employee of the company.  This document is crucial to a company's defense against allegations of discrimination and/or retaliation made by an employee.  Important documents and information are often attached and explained in the employer's position statement. 

Expert Legal Counsel for Responding to a Charge of Discrimination

The Law Offices of Kevin J. Dolley provides specialized legal counsel to employers seeking to present the most effective response on behalf of management to allegations of discrimination. Attorney Kevin J. Dolley defends employers against charges of discrimination and takes care in preparing and drafting effective position statements for employers.  Mr. Dolley reviews position statements drafted internally by companies and provides counseling and guidance to employers seeking the most effective response to a charge of discrimination. 

Drafting the Position Statement

The position statement of the employer is important in defending against the allegations of discrimination.  Attorney Kevin J. Dolley works to ensure that the company's defenses are properly developed and articulated in the position statement.  An employer that later changes or alters the reasons for its actions from the reasons presented in the position statements risks exposure to liability.  Appropriate investigation, fact-finding and document review is crucial to the process of drafting of an effective position statement.   

The position statement allows the employer to explain the nature of its business and basis for its actions.  The employer will likely refute specific allegations made in the charge, provide how similarly-situated employees were treated and present evidence as to why the employee's claims fail as a matter of law.  Attorney Kevin J. Dolley works with the company decision-makers to appropriately explain the events in question and prove the legitimate, non-discriminatory reasons for the company's actions.  Further, the company's anti-discrimination policies and practices are highlighted in the position statement.  The EEOC or Human Rights Commission is also commonly interested in learning from the employer about the charging party's employment history with the company, including hiring, positions held with the company, disciplinary actions taken against the employee and the chronological history of events at issue.  Management will also want to highlight internal company complaint-resolution procedures available to the employee and whether the employee sought to make use of such internal resolution procedures prior to filing a charge of discrimination.     

Employment Discrimination Defense - Company Position Statements

If the EEOC or a Human Rights Commission has requested that your company provide an explanation for its actions or a written position statement, please feel free to contact Attorney Kevin J. Dolley to discuss the situation.  Mr. Dolley can be reached at (314)645-4100 or by email at kevin@dolleylaw.com.