Responding to and EEOC Charge? Contact PEP First

When a public entity receives a charge of discrimination from the Equal Employment Opportunity Commission (EEOC), responding appropriately and promptly is essential. However, before preparing a response or submitting a position statement, members should notify PEP and allow our claims department to coordinate the process.

Under PEP's Employment Practices Liability Insurance (EPLI) coverage, EEOC charges are assigned to defense counsel to ensure that responses are handled appropriately and in accordance with policy requirements.

Why is early notification important?

An EEOC charge may be the first step in a legal dispute involving allegations of employment discrimination, harassment or retaliation. How a member responds during this initial stage can have implications for any subsequent litigation.

When members prepare and submit statements independently — without notifying PEP — they may inadvertently create coverage concerns. Failure to provide timely notice or comply with policy provisions regarding the handling of claims could potentially affect coverage, particularly if those actions prejudice PEP's ability to provide an appropriate defense.

What should members do when they receive an EEOC charge?

Members should promptly notify PEP's claims department, submit the charge and any accompanying documentation, and coordinate with assigned defense counsel before providing a formal response.

Even if a member has an attorney or legal department, it is important to involve PEP early in the process to ensure that all applicable policy requirements are followed.

Timely communication and coordination are essential to protecting your organization's interests. By involving PEP at the outset, members can help ensure that EEOC charges are addressed appropriately while avoiding potential complications related to insurance coverage.

If your organization receives an EEOC charge, contact PEP's claims department before submitting a response.