Bad EEOC position statements can come back to haunt you. Just ask this employer.

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There will come a time in your HR or employment law career when you must respond to a Charge of Discrimination filed with the United States Equal Employment Opportunity Commission by filing a position statement.

The EEOC has a great resource on effective position statements and stresses that the position statement should clearly explain the employer’s version of the facts. But here’s a bonus tip. Stick with whatever legitimate business decision the Charging Party mistook for an act of discrimination.

You’ll see what I mean in a second.

I read this federal court opinion last night in which an

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