For an employer receiving a Charge of Discrimination from the Equal Employment Opportunity Commission (EEOC), preparing a response to the agency within the 30-day response window can seem like a daunting task. The employer must interview employees involved, review documented evidence, and often engage counsel to prepare a substantive response. Now, that already quick deadline may be shrinking even further.

According to reports from large management-side employment counsel, the EEOC is considering reducing the 30-day response window to 15 days. Further, the agency is reportedly contemplating a more stringent policy for approving extension requests for this response deadline.

To be clear, these changes have not been formally announced by the EEOC. However, reports indicate some employers have already received notices from the EEOC that their response deadline to a charge has been reduced to the 15-day window.

If these changes do take effect, they will be a significant step toward the EEOC’s goal of speeding up the charge process. However, this would come at the expense of employers attempting to gather the necessary information and respond to a charge as thoroughly as possible.

So how should employers prepare for this potential change? By not waiting until the EEOC charge arrives. If an employer suspects a current or former employee may issue a charge, the employer should be sure to document and gather relevant employee files, performance evaluations, witness statements, relevant policies, and any other documents that relate to anticipated issues with the charging party. Employers should also identify who will be responsible for coordinating a response to the charge.

Another way to prepare is to ensure you have legal counsel available to advise on the employer’s position statement. The Labor and Employment attorneys at Mansour Gavin can assist with conducting urgent workplace investigations and formulating responses to EEOC and Ohio Civil Rights Commission charges of discrimination.