An employer’s response to an EEOC charge can become a powerful piece of evidence against it if its explanation changes later. In an article for Today’s General Counsel, Galloway employment lawyers Doris Bobadilla and Wendell Hall explain how a disciplined initial response can strengthen an employer’s defense if the matter proceeds to litigation.
“The investigation should not be a search for facts that support the employer’s position; it should verify whether the proposed explanation is actually supported by the record,” Bobadilla and Hall write.
The article outlines how preserving evidence, establishing an accurate timeline, and testing the decision-maker’s rationale can help employers prepare a defensible position statement and assess whether early resolution makes sense.
