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, October 17, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

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, and 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 the advice of counsel, primarily if a blanket policy enforced against all employees is the basis for the challenge. 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 practical 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 efficacious 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. Accommodation claims
  3. Policy and procedure best practices


The panel will review these and other relevant issues:

  • What are techniques when conducting an internal investigation with the EEOC position statement in mind?
  • Based on the charge, what are the best approaches to use when drafting the position statement?
  • What types of unnecessary information should employers avoid providing in position statements?


Argentieri, Julia
Julia Pearce Argentieri

Jackson Lewis

Ms. Argentieri focuses on representing employers in a broad range of workplace law matters, including counseling and...  |  Read More

Patten, Paul
Paul Patten

Jackson Lewis

Mr. Patten represents management in employment cases in federal and state courts and before administrative agencies....  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video