Drafting Position Statements to Mitigate Full-Scale EEOC Investigations and Lawsuits

Strategic Techniques to Address Claims of Failure to Hire, Equal Pay, Class vs. Individual, and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, August 2, 2017
Recorded event now available

This CLE webinar will equip employment counsel with practical techniques to draft EEOC position statements. The experienced panelists will outline strategies for responding to various types of EEOC charges while minimizing full-scale investigations and lawsuits.


The EEOC has continued to pursue its systemic initiative targeting discrimination in hiring, promotion, pay, disability issues, etc. Many of the resulting full-scale investigations or lawsuits stem directly from an employer’s response to an EEOC charge.

Employers often believe they are equipped to draft position statements without advice of counsel, especially if the challenged action is based on a blanket policy enforced against all employees. This costly mistake can provide the basis for a disparate impact claim. Employers should bring in counsel from the very outset of any adverse employment action to minimize liability exposure.

Employers’ counsel must craft a complete, concise and effective position statement based on a thorough and documented internal investigation. Counsel must guide employers with thoughtful and strategic consideration to mitigate further investigations and lawsuits.

Listen as our distinguished panel discusses effective attorney involvement in the internal investigation that serves as the basis for the EEOC position statement. The panelists will review position statement drafting techniques based upon the initial charge and discuss best practices for developing policies and procedures.


  1. Internal investigation
  2. Position statement drafting techniques
    1. Class claims vs. individual claims
    2. Failure to hire claims
    3. Equal pay claims
  3. Policy and procedure best practices


The panel will review these and other key issues:

  • What techniques should be implemented when conducting an internal investigation with the EEOC position statement in mind?
  • Depending on the basis of the charge, what techniques should be used when drafting the position statement?
  • What types of unnecessary information should employers avoid providing in position statements?


Julia P. Argentieri, Esq.
Jackson Lewis, Chicago

Ms. Argentieri focuses on representing employers in a broad range of workplace law matters, including counseling and litigation. She has significant experience with training and counseling as well as defending administrative charges before the EEOC and IDHR, and handling all phases of litigation at the state and federal level. Ms. Argentieri previously spent several years as an in-house employment attorney for a large non-profit in the Chicago area.

Paul Patten, Principal
Jackson Lewis, Chicago

Mr. Patten represents management in employment cases in federal and state courts and before administrative agencies. His practice focuses primarily on employment litigation and counseling. He represents employers in individual and class-based lawsuits covering a wide range of statutes and subjects, including anti-discrimination and wage and hour laws.


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Hoover Kernell

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William C. Martucci


Shook Hardy & Bacon

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Greenberg Traurig

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Greenberg Traurig

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