PUBLICATIONS

The Equal Employment Opportunity Commission (EEOC) may be enforcing a shortened deadline for employers to submit position statements in response to a Charge of Discrimination (Charge). Although the EEOC’s official policy does not appear to have changed, and its website still states that an employer “generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC,” a growing number of employers across the United States are receiving notice of Charges that set a fifteen-day deadline for position statements, and extensions have become harder to obtain. Employers should treat the deadline stated in the EEOC’s notice of Charge as controlling, calendar it immediately upon receipt, and act promptly, because the time to respond or to obtain an extension may be limited.

Trend Noticed by Practitioners

The EEOC has not officially updated its website or made a public statement about a policy change as of this Alert. Employment attorneys have noticed a trend of shortened deadlines for position statements and difficulty obtaining extensions since September 2026.

Because practice may vary by EEOC office, employers should calendar the specific due date stated in the EEOC’s notice or request for a position statement rather than calculating the deadline on their own.

Why This Change is Important

A position statement is the employer’s opportunity to present its defense to the allegations, supported by evidence, for the EEOC investigator to consider. The clarity, organization, and credibility of the employer’s position statement are vitally important. With a shorter deadline, employers have less time to build a well-supported defense. Because information  in a position statement may later be used in litigation, accuracy is critical. The EEOC’s resource guide for respondents advises employers to focus their position statements on the facts relevant to the claim, identify the specific documentation and evidence supporting the employer’s position, and raise all available factual and legal defenses.

Extensions have become more difficult to obtain, but the EEOC may allow a brief extension when it is clear the employer has been working with due diligence to gather all necessary information to draft an effective position statement. The EEOC is more likely to find due diligence when the request is accompanied by a partial submission addressing the allegations in the Charge. Requests for extensions should be made in writing, as early as possible and before the deadline, and should be professional and concise. Avoid generic excuses such as workload; instead, give concrete reasons, such as multiple witness locations, retrieval of archived electronic data, or coordination with outside counsel. Do not assume an extension will be granted; continue preparing for the original deadline and confirm any extension, including the new due date, in writing.

What To Do

Although the EEOC has not officially changed its policy, employers should plan as if the position statement deadline is fifteen days. A fifteen-day position statement response deadline is far more manageable when employers have systems in place to handle document review and witness interviews.

To prepare for and respond to Charges, employers should take the following steps:

1. maintain organized records – keep personnel files, policies, and discipline records organized so they can be retrieved quickly, because the shorter deadline leaves less time to gather information and evidence for a defense;
2. become familiar with the EEOC’s respondent portal –  https://www.eeoc.gov/employers/eeoc-respondent-portal-users-guide – because Charge notices are delivered electronically, regularly monitor the portal and the designated email address;
3. engage employment counsel immediately – the sooner counsel knows about a Charge, the sooner counsel can assist with the investigation and begin drafting the position statement;
4. establish an internal response procedure – develop a plan for responding to EEOC Charges, including designating someone responsible for (a) receiving the Charge and calendaring the response deadline the day the notice arrives, (b) gathering records and documentation, (c) coordinating witness interviews, (d) promptly issuing a litigation hold and preserving electronically stored information, (e) preparing factual chronologies, and (f) coordinating with counsel;
5. communicate regularly – keep everyone with a designated role in the internal response procedure, including counsel, informed of the status of the investigation; and
6. consider early mediation – mediation is not an admission of wrongdoing, and electing EEOC mediation early typically suspends the position statement deadline while mediation proceeds; if mediation fails, a position statement will be due, so continue gathering information and evidence in the meantime.

Effective documentation is not solely an HR responsibility. Supervisors and managers should support it by:

• addressing performance problems promptly;
• documenting misconduct;
• communicating employee expectations and directives, and confirming any oral directives in writing;
• consistently applying workplace rules;
• memorializing in writing workplace and disciplinary meetings, including who attended, the meetings’ length, and what was said;
• preserving investigative findings and supporting records;
• maintaining an open-door policy for employee communication;
• maintaining consistent procedures for investigating employee complaints; and
• documenting employee complaints and any follow-ups conducted.