Employment Practices Liability (EPL)
EEOC and State Agency Charges

Private Sector EEOC and State Agency Charges

Bashen investigates administrative charges filed with the EEOC and state and local fair employment practices agencies. We have investigated thousands of complaints and charges filed with virtually every federal, state and local fair employment practices agency.

Any person who feels that an insured violated his/her employment rights may file a discrimination charge with the EEOC. An employee has 180 days from the date of the alleged violation to file a charge. The 180-day deadline is extended to 300 days if state or local discrimination laws also cover the alleged violation. Except for Equal Pay Act claims, an employee must first file with the EEOC before filing a lawsuit in federal court. A charge can be dual filed with the EEOC and a state agency, also known as a Fair Employment Practice Agency. The insured is required to file with the agency a response to the charge allegations, commonly known as a Position Statement. The insured should commission a thorough investigation by trained experts before providing a Position Statement. Full service investigation deliverables include:

  • Development of an Investigation Plan Outlining Goals and Strategies
  • Identification of all Critical Issues of the Charge
  • Analysis of the Merits of a Charge
  • Reviewing Potential Jurisdictional Arguments
  • Identifying and Interviewing Witnesses
  • Gathering and Reviewing Documentary Evidence and/or Comparative Evidence
  • Responding to Agency Requests for Information
  • Participating in Agency On-Site Investigations
  • Attending all Fact-Finding Proceedings, Administrative Hearings and/or Mediations
  • Investigation Summary
  • Fact-Finding Report
  • Position Statement
  • Effectively Managing Response Times
  • Consulting the Insured and Carrier throughout the Charge Process