Employers that receive a charge of discrimination from the U.S. Equal Employment Opportunity Commission (EEOC) may now have only half as much time to respond. The agency appears to have cut the standard deadline for an employer’s written response, called a position statement, from 30 days to 15 days, and has sharply limited extensions.
What Changed?
When an employee or job applicant files a charge of discrimination, i.e., a formal complaint with the agency, the EEOC may investigate to decide whether there is “reasonable cause” to believe discrimination occurred, meaning whether the evidence suggests the claim has merit. As part of that investigation, the agency asks the employer for a position statement that responds to every allegation, raises factual and legal defenses, and includes supporting documents.
For years, employers could count on about a month to prepare that response. The EEOC’s website still describes that timeline: “A Respondent generally has 30 days to gather the information requested and to submit its position statement and attachments to the EEOC.” But recent agency notices tell a different story. Since this summer, such notices have set a 15-day deadline, and investigators reportedly have been directed to allow no more than a single extension of 7 to 10 days. In the past, extensions were easier to get and often much longer.
Despite these notices, the EEOC has not publicly announced the change. An agency spokesperson recently said that the EEOC has not made an “official agency-wide policy change,” but acknowledged that “response deadlines may vary among EEOC offices.” Whatever the official position, employers should follow the deadline stated in the notice they receive.
Why Is This Happening?
The shorter deadline appears to be part of the EEOC’s push to reduce its backlog of private-sector charges. In its March Congressional Budget Justification, the agency projected 44,540 pending charges by the end of fiscal year 2026 and 32,735 by the end of fiscal year 2027.
There is also an enforcement angle. When an employer submits a position statement late, or not at all, the EEOC may issue a “cause finding,” a determination that there is reasonable cause to believe discrimination occurred. As one management-side attorney told Bloomberg Law, “Shorter timelines allow them to close more charges.” A cause finding can lead to conciliation (an EEOC-run settlement process) or litigation. Some practitioners have reported cause findings issued just days after a missed deadline, including where an extension request was denied shortly before the due date.
What Should Employers Do?
Fifteen days is not much time to find witnesses, pull records, and build a strong first defense. Employers should consider these steps now, before the next charge arrives:
- Update your EEOC contact information. Make sure the EEOC Respondent Portal lists the right person to receive new charges, and that someone checks it regularly. A charge that sits in the wrong inbox for a week costs you half your response time.
- Designate a response team. Decide in advance who will gather information and work with counsel, so the process starts the day a charge is received.
- Keep records organized and accessible. Centralize personnel files, investigation notes, and policy histories so they can be retrieved quickly.
- Call counsel right away. Contacting employment counsel as soon as a charge arrives leaves the most time to review documents, interview witnesses, and draft the position statement. If you need an extension, ask early; you will likely get only one, and it will likely be short.
Bottom Line
Employers are already seeing 15-day deadlines and tighter limits on extensions. Because a late or missing position statement can lead to a cause finding and possible litigation, employers should treat the 15-day deadline as the new normal and update their charge-response procedures accordingly. We will continue to monitor developments and provide updates.
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