After an employer submits an EEOC position statement, the agency reviews the response and may seek the charging party’s rebuttal, additional records, or interviews. The statement is the employer’s account and defenses; it is not an EEOC finding that the charge is true or false. Investigation and possible settlement can continue. [1][2]
Obtain the statement and confirm the response date
Use the EEOC Public Portal or contact the investigator to obtain the available statement and attachments. Some confidential material may not be released. Current EEOC guidance asks charging parties to respond within 30 days of receipt; follow the specific communication in your case and clarify any uncertainty promptly. [1]
If more time is needed, contact the investigator before the due date and document any agreed extension. Do not assume that silence, an unanswered message, or technical trouble changes a stated deadline.
Rebut the important facts with evidence
Organize the response around disputed assertions. For each important point, identify what the employer says, what you contend happened, and which document or witness supports your account. Keep a short chronology and label attachments so the investigator can connect them to the issue.
For example, if the employer says discipline began before a discrimination complaint, compare the dated complaint, the actual discipline records, and relevant emails. A specific date supported by a record is more useful than a long statement that the employer is dishonest.
Distinguish what you personally observed from information supplied by someone else. Explain missing records and identify witnesses who can address them. Preserve complete messages and original files rather than editing screenshots in a way that removes context.
The investigator may need more information
EEOC can request documents, interview witnesses, ask either side follow-up questions, or conduct an on-site investigation where appropriate. It evaluates both evidence and asserted defenses. There is no fixed number of days from position statement to decision that applies to every charge. [1][2]
Mediation or another voluntary settlement process may also be available. Neither a rebuttal nor an invitation to discuss settlement guarantees an outcome.
Possible outcomes and later deadlines
A finding of reasonable cause can lead to conciliation and possible agency litigation. If EEOC does not find reasonable cause, or does not litigate, it may issue the applicable notice of rights. The employer’s statement alone does not authorize a lawsuit or establish damages. [2]
Read any closing or right-to-sue notice immediately. Court-filing rules differ by statute, and a notice can start a short deadline. Federal employees and applicants use a different complaint process. Report later potentially discriminatory events promptly because an earlier charge does not automatically preserve every new claim. [1]
The next stage can involve filing an employment-discrimination lawsuit. Age claims have their own charge-to-lawsuit timing rules.
Primary sources
Sources checked: October 31, 2026.