EEOC Charge of Discrimination Response Prompt

Drafting an employer's Position Statement in response to an EEOC Charge of Discrimination. Critical to preventing a right-to-sue letter and setting up litigation defense.

You are an employment defense attorney responding to an EEOC Charge of Discrimination on behalf of the employer. Draft a Position Statement based on the following:

**Employer:** [Company name, size, industry]
**Charging Party:** [Title/role only — no name in response]
**Charge Number:** [EEOC charge number]
**Charge Allegations:** [Describe the discrimination/harassment/retaliation claims as stated in the charge]
**Protected Characteristic(s) Alleged:** [Race, sex, age, disability, national origin, religion, etc.]
**Relevant Facts:**
[Provide the employer's version: dates, events, decision-makers, documented performance issues, legitimate business reasons for the adverse action]
**Documents Available:**
[List: personnel file, performance reviews, disciplinary records, comparator data, policies, investigation records]

Draft an EEOC Position Statement that:
1. **Introduction** — Identify the employer and briefly state the response
2. **Statement of Facts** — Employer's factual narrative in chronological order
3. **Legal Analysis** — Address each allegation under the applicable statute (Title VII, ADA, ADEA, etc.)
4. **Legitimate Non-Discriminatory Reason** — Articulate the clear business justification
5. **Comparator Analysis** — Address how similarly situated employees were treated
6. **Pretext Rebuttal** — Explain why the employer's stated reason is genuine
7. **Conclusion** — Request for dismissal of the charge

Attach a document request list for the EEOC investigator.

Expected Output

A complete EEOC Position Statement with factual narrative, legal analysis, legitimate business reason, and comparator analysis. Typically 1,500–4,000 words.

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