Chiefs’ Counsel’s Corner
How to Be Ready When the EEOC Charges In
5 Five Harassment Prevention Principles to
Highlight in a Response
Michael A. Caldwell, JD
General Counsel, GACP
Delong • Caldwell • Bridgers • Fitzpatrick • Benjamin, LLC
101 Marietta Street, Suite 3100 NW
Harassment, especially harassment based on the victim’s gender, is a hot news item lately.
Harassment refers to oppressive bullying, belittling, or intimidating behavior directed at a victim
perceived as less powerful than the harasser. While it is not illegal in itself, when it is based upon a
person’s protected characteristic (race, color, creed, religion, gender, national origin, age [once the
victim achieves 40 years], disability [if a victim is qualified for a job and disabled], membership in or
status as a veteran of the US Armed Forces, or the victim’s history of exercising federally protected
rights) it becomes a form of illegal discrimination. Harassment allegations once made public prompt
nearly visceral repugnance in the community. Visualize the “vast left-wing conspiracy” tactics seeking
to bring down various conservative broadcasters like Bill O’Reilly (vague historic allusion intended
here), or even more recently, the charges that have driven movie mogul Harvey Weinstein out of his
companies and into a rehabilitation clinic. Sometimes (such as is likely in Weinstein’s case), the
EEOC will go far beyond the facts of the individual charging party to examine a wide swath of
decisions affecting an employer’s subordinates to determine whether there is a pattern or practice of
systemic violations of the anti-discrimination laws.
Usually, when responding to the EEOC on an individual charge, employers can provide a precise
and limited response to an EEOC unlawful harassment charge that includes only the most essential
supporting documents. But, when the risk of a systemic investigation arises, an employer’s response
may need to be more comprehensive to show that the individual’s charge lacks merit and that the
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