On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all position statements submitted by employers to the EEOC on or after Jan. 1, 2016. In short, the new procedures provide charging parties and their counsel, to the extent they have one, an employer’s position statement on a silver platter, with no concomitant provision of information to the employer, such as the charging party’s Intake Questionnaire or the subsequent rebuttal, which he or she now has an opportunity to give within 20 days after the filing of a position statement.
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