EEOC charges
When an employee (or former employee) files a discrimination charge with the EEOC, a state fair-employment agency (DFEH, NYSDHR, MCAD, etc.), or a local human-rights commission, the workspace has a strict response timeline and a duty to preserve evidence. The External charges surface tracks the charge through intake, position statement, mediation election, and disposition — with a litigation hold attached automatically the moment the charge is logged.
TL;DR — Open EEO → External charges → New charge. Enter the agency + charge number + service date. A litigation hold automatically attaches to the named employee's records. Draft the position statement in the file; export the evidence packet when ready to respond. Track the agency's disposition through to close.
Before you start
- You should have a scanned copy of the Notice of Charge (EEOC Form 131 or the agency equivalent) and the charge questionnaire.
- The named charging party may already have an internal case open — the system will surface the link so you can cross-reference without duplicating work.
- Loop in outside counsel immediately. Even a charge that looks weak should be handled with counsel's review of the position statement. The 30-day timeline is real.
Log the charge
Open EEO → External charges → "New charge"
A three-section form opens.
Enter the agency and charge metadata
Agency (EEOC / DFEH / NYSDHR / MCAD / local), charge number, date of service, response due date (the form pre-fills based on the agency's standard window).
Identify the charging party
The system tries to match against current and former employees. If the charging party is in HCM, the link is created automatically. Don't manually create a different identifier — the linkage drives litigation hold + audit retention.
Identify the allegations
Pick from the EEOC's standard allegation taxonomy (race / sex / age / disability / religion / national origin / retaliation, each with sub-categories). Multiple allegations are normal; select all that appear in the charge.
Upload the Notice of Charge + questionnaire
Drop the PDFs into the Charge documents section. Each document is hashed on upload for chain-of-custody.
Submit
The charge file opens. A litigation hold is automatically placed on the charging party's personnel record, HCM history, and any linked EEO case. Retention-based deletion is suspended immediately.
What the litigation hold covers
A litigation hold doesn't just freeze the named employee's record; it freezes everything potentially relevant. The system covers this automatically:
| Field | What it does | Accepted values / default |
|---|---|---|
| The charging party's full personnel record | HCM, time-off, comp, performance — every artifact in scope. | Retention-based pruning is suspended on the entire profile until the hold lifts. |
| Named respondents (managers, coworkers) | Records of named individuals are held to the same degree. | Same suspension; named-individual scope is conservative. |
| Org units the charging party was in | Pay-comparator records and unit-level disciplinary records. | Adjacent records relevant to disparate-impact defense are held. |
| Linked EEO cases | Any internal case that referenced the charging party. | All linked cases enter the same hold scope. |
| Communication records | Emails / Slack messages from connected systems where pulled. | If the workspace integrates a comms-retention system, the hold issues a preservation directive. |
Draft the position statement
Open the file → Position statement
A structured editor opens. The agency-specific section template is pre-loaded.
Answer each allegation specifically
The form mirrors the agency's allegation-by-allegation format. For each allegation: deny / admit / partially admit + the factual basis. Vague denials draw deeper investigation; be specific.
Attach contemporaneous evidence
Performance reviews, disciplinary records, comp data — pull directly from HCM via the Pull from record action so the pulled snapshot is timestamped + hashed.
Have counsel review
Mark the draft Ready for counsel; counsel review is a documented step. The submission button is greyed out until counsel signs off.
Submit (export + transmit)
The Export bundle action produces a signed PDF + manifest + evidence package. Transmit to the agency via their portal or secure email per their instructions. Log the transmission with confirmation number.
Mediation election
The EEOC and most state agencies offer mediation as an early alternative to investigation. The workspace can elect or decline.
| Field | What it does | Accepted values / default |
|---|---|---|
| Elect mediation | Both parties try to resolve via the agency's mediator before investigation. | Fast (often within 30-60 days), confidential, non-binding until both parties sign. Statistically resolves a meaningful share of EEOC charges. |
| Decline mediation | Proceed directly to position statement + investigation. | Common when the facts strongly favor the workspace OR when a class-of-one charge is unlikely to settle. |
| Election deadline | Agency-specific (typically 10-14 days from the offer). | Missing the deadline auto-declines; the system shows the agency's exact deadline in the file header. |
Disposition
The file closes when the agency issues its disposition.
| Field | What it does | Accepted values / default |
|---|---|---|
| Dismissal (no cause) | Agency found insufficient evidence of a violation. | Right-to-sue letter issues to charging party (90 days to file in federal court for EEOC; varies for state agencies). |
| Cause finding | Agency found reasonable cause. | Conciliation phase begins; if conciliation fails, the agency may sue or issue right-to-sue. |
| Conciliation / settlement | Parties agree to a remedy mediated by the agency. | Settlement amount + non-monetary terms recorded on the file. Hold remains for retention floor. |
| Mediation settlement | Resolved before investigation. | Confidential terms recorded on the file. |
| Withdrawal | Charging party withdrew. | Recorded with stated reason; litigation hold remains until release expires. |
Every field, explained
| Field | What it does | Accepted values / default |
|---|---|---|
| Agency | Which body received the charge. | Federal EEOC + each state fair-employment agency + larger municipal commissions. |
| Charge number | Agency's unique identifier. | Required for every transmission with the agency. |
| Service date | When the workspace was served notice. | Starts the response clock — not the date on the charge form. |
| Response due date | When the position statement must be submitted. | Pre-filled from agency standard; extensions are agency-discretionary. |
| Allegations | Statutory categories the charge claims. | Multi-select; drives the position-statement template. |
| Linked internal case | Internal EEO case for the same matter. | Auto-detected; review for completeness. |
| Counsel of record | Outside counsel handling the matter. | Required before submission; tracks who signed off. |
| Disposition | Final agency outcome. | Sets litigation-hold lift date (after the appeal window expires). |
Common gotchas
- "We don't have the original Notice of Charge in PDF." Get it. Photocopies, screen captures, and re-typed text don't satisfy the records-keeping requirement. The agency can re-send.
- "The charging party is no longer with us." Doesn't change a thing. Hold their record, prepare the position statement, respond on time. Former-employee charges are the majority.
- "The 30 days are about to expire and counsel isn't ready." Request an extension from the agency in writing before the deadline — most are granted for cause. Missing the deadline without contact is the worst outcome.
- "Multiple charges from the same employee." Each is a separate file. Cross-link them so the cumulative response is coherent; don't try to consolidate into one file — the agencies treat them separately, you should too.
- "The agency requested unpublished comparator data." Provide what's requested, redact PII not relevant to the comparison (other employees' SSNs, addresses), document each redaction in the transmission log. Don't withhold — refusal escalates quickly.
Troubleshooting
| Error code | What it means | Fix |
|---|---|---|
CHARGE_HOLD_FAILED | Litigation hold couldn't attach to a linked record. | Re-run the hold from the file; check that the charging party identifier matches an HCM record. |
CHARGE_POSITION_NOT_REVIEWED_BY_COUNSEL | Submission attempted without counsel sign-off. | Counsel must mark the draft reviewed before Submit unlocks. |
CHARGE_DEADLINE_PAST | The response window has elapsed. | Request a retroactive extension from the agency; document the contact in the file. |
CHARGE_DISPOSITION_HOLD_LIFT_BLOCKED | You tried to lift the litigation hold before the appeal window closed. | Wait for the documented appeal window to expire OR have counsel attest closure. |
How this is recorded
The charge file is its own append-only ledger: every metadata edit, every document upload, every counsel review, every transmission to the agency. Together with the linked HCM and EEO records under litigation hold, this is the evidence package the workspace's counsel relies on if the matter proceeds to court. Retention runs for the longest of: agency-specified floor, EEOC § 1602.14, ADEA § 1627.3, and state-floor minimums.
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