If an employer’s EEOC position statement contains false information, respond with a clear, documented rebuttal. A disputed statement does not automatically prove discrimination or produce a default victory. The investigator evaluates the evidence concerning the employment action and the alleged unlawful reason. Your goal is to show exactly which material assertions are wrong and why that matters. [1]
Request the statement and confirm the response date
EEOC procedures allow the charging party to request the employer’s position statement and nonconfidential attachments. The agency provides an opportunity to respond within 20 days and says it does not give that response to the employer during the investigation. Follow the investigator’s actual instructions and promptly request more time if necessary. [2]
Do not assume every document the employer submitted will be released. Confidential material can be handled separately. If a missing attachment appears necessary to understand an allegation, identify it specifically to the investigator.
Organize the rebuttal around provable contradictions
A short issue table or numbered list can be more useful than a lengthy accusation. For each important disputed statement, provide the employer’s assertion, the correction, the supporting exhibit, and its connection to the discrimination or retaliation claim.
- A claimed attendance problem: attach dated attendance records and approved leave notices.
- A claimed performance decline: compare evaluations, metrics, and the dates management first raised concerns.
- A claimed consistent policy: identify similarly situated employees and the records supporting different treatment.
- A disputed decision date: use emails, notices, or calendar records establishing the chronology.
Distinguish personal knowledge from inference. If you do not know why a record changed, describe the discrepancy without inventing an explanation. Preserve originals and label exhibits so the investigator can locate the relevant passage quickly.
Connect credibility to the legal issue
EEOC guidance emphasizes relevant facts, supporting documents, and evaluation of the parties’ explanations. An inaccurate statement about a minor detail may be less useful than evidence undermining the employer’s stated reason for firing, refusing accommodation, or denying promotion. Explain that connection directly. [1][2]
Keep monitoring notices and separate litigation deadlines; submitting a rebuttal does not guarantee a favorable finding or indefinitely extend other deadlines. For the broader evidence framework, see how burdens of proof shift in an EEO case. If the dispute involves later punishment for complaining, review retaliation claims and available damages.
Primary sources
- What You Can Expect After a Charge is Filed
- Questions and Answers for Respondents on EEOC’s Position Statement Procedures
Sources checked: October 31, 2026.