How do I respond to an EEOC complaint?

May 19, 2009 3:00 PM

I am indicated but not named in an EEOC complaint for which my employer is the Respondent. The complaint is about me, and I am probably named in the supporting documentation that I am not privy to as yet. What do I need to do/what is my personal liability?

A disgruntled employee has filed an EEOC complaint alleging discrimination based on age, race, gender and disability. The claim is specious, and reads as such. There is no substance to any of the charges (by which I mean that there is only the claim of discrimination, no examples of discrimination.) I am clearly indicated in the charge of discrimination, but am not named in the charges. This is also, however, clearly directed at me.

My employer is listed as the respondent but the work of the response is being left to me. No one seems particularly concerned about this complaint, largely because the complaint itself truly reads as petulant and unsupported. (eg. lack of institutional concern about a minor and temporary physical injury is being presented as the grounds for discrimination based on disability.) I am confident, as are all the supervisors in my division, up to the "Executive VP," that I am innocent of these charges and that my prior work documenting this employee's discipline problems will show that. Thus far I have not spoken with any of my employer's lawyers, and there seems to be no plans to have me do so, although I understand that my response to the charges will be reviewed by the law dept before being forwarded.

I'm curious as to what my personal liability is in this situation. Do I need to get my own lawyer? What can I expect from this process? What can I do in my response to insure that this is dismissed by the initial investigator, rather than forwarded for hearing (or whatever)?

posted by anonymous to work & money (5 comments total)

Reach out to the company's lawyers yourself and schedule a meeting. They are paid to handle exactly this kind of situation, and should be able to answer any questions you have.
posted by sophist at 3:31 PM on May 19

I went through something similar, but not an EEOC complaint. It was not a big deal, I worked with company lawyers. I also ran by anything I had to sign to my own lawyer, who brushed it off all as routine and not a big deal. Anytime I had concerns I called up my lawyer, who at the very least was a reassuring voice. And I don't think my employer would throw me under the bus, but you can never be too careful. I would recommend calling up a lawyer and explaining the situation, so if this gets bad you're not worrying about this complaint AND needing to retain a lawyer, you have one that knows the basics of the situation and that you can call up as the situation progresses.
posted by geoff. at 3:43 PM on May 19

Reach out to the company's lawyers yourself and schedule a meeting. They are paid to handle exactly this kind of situation, and should be able to answer any questions you have.

The company's lawyers owe allegiance to the company, full stop. I strongly suggest you get your own lawyer. I'm not suggesting your company's going to throw you under the bus to save their butts but it's better to rely on the advice of someone who's unequivocably on YOUR side.
posted by small_ruminant at 3:53 PM on May 19 [4 favorites]

IANAL, IANYL, etc.

Generally, an individual cannot be sued for a violation of federal anti-discrimination law. I'm not saying it's impossible, just that courts have generally found that the use of the term "employer" in Title VII, ADA, & ADEA doesn't mean individual managers/supervisors/co-workers.

There are state anti-discrimination laws under which you could be sued personally.

Here's a link you may find helpful, but it's certainly no substitute for real legal advice: http://www.hr.com/SITEFORUM?&t=/Default/gateway&i=1116423256281&application=story&active=no&ParentID=1119278141625&StoryID=1120080532484&xref=http%3A//www.google.com/search%3Fhl%3Den%26q%3Dcan+you+be+personally+sued+for+an+eeoc+charge%26btnG%3DGoogle+Search%26aq%3Df%26oq%3D
posted by pecanpies at 7:51 PM on May 19

Eeeee, epic link fail. Check out www.hr.com and search for "personal liability title vii ada adea". It will be your first hit.
posted by pecanpies at 7:54 PM on May 19