Mackall, Crounse & Moore, PLC has joined Dewitt Ross & Stevens S.C.

The newly formed DeWitt Mackall Crounse & Moore S.C. will provide clients with enhanced legal services
and efficiencies as well as access to more than 100 attorneys practicing in nearly 30 areas of
law in Wisconsin and Minnesota.

Dismiss this message


News & Education

Back to Employment Law News Feed

Filter by:

The EEOC’s New Policy Regarding Disclosure of Position Statements Gives Employees the Last Word

The U.S. Equal Employment Opportunity Commission (“EEOC”) will now release an employer’s position statement and non-confidential attachments to an employee or other aggrieved party (“Charging Party”) during the investigation of his or her charge of discrimination. The EEOC announced this new nationwide policy on February 18, 2016. The new policy applies retroactively to all EEOC requests for position statements made to Employers on or after January 1, 2016.

Typically, when employers receive a charge of discrimination that has been filed with the EEOC, they are asked to provide a position statement in response to the charge within 30 days. A carefully-crafted position statement may go a long way in helping to obtain a dismissal of the charge with a finding of no probable cause from the EEOC. Position statements are often accompanied by exhibits containing sensitive employee information, company policies, and/or confidential company financial or business information.

In the past, in order for a Charging Party to gain access to an employer’s position statement, the Charging Party generally would have to submit a Freedom of Information Act request or go through the process listed in section 83 of the EEOC Compliance Manual. A “Section 83” request is a simple, less formal way for Charging Parties or employers to access charge files after the EEOC has completed its processing.

The EEOC’s new policy states that all field offices shall give Charging Parties, upon request, access to the employer’s position statement and non-confidential attachments during the investigation of a charge. If a Charging Party requests and receives the employer’s position statement, the Charging Party has an opportunity to respond to the employer’s position statement, orally or in writing, within 20 days. The EEOC will not, however, share the Charging Party’s response with the employer during the investigation.

The EEOC’s new policy further instructs that if an employer relies on confidential information in its position statement, it should provide the confidential information in separately marked attachments. After the EEOC receives the position statement, EEOC staff may redact confidential information as necessary prior to sharing the position statement with the Charging Party. The EEOC has identified certain information as confidential, including:

  • Sensitive medical information (except for the Charging Party’s medical information)

  • Social Security Numbers

  • Confidential commercial or financial information

  • Trade secrets information

  • Non-relevant personally identifiable information of witnesses, comparators or third parties, for example, social security numbers, dates of birth in non-age cases, etc.

  • Any reference to charges filed against the employer by other charging parties

In light of the EEOC’s new policy, employers should revisit their policies on submitting position statements. Because the information in a position statement will now be shared with Charging Parties, upon request, it is ever-more important to consult an attorney prior to submitting a position statement. The employee relations attorneys at DeWitt have a wealth of experience guiding employers through the EEOC process and drafting position statements addressing charges of discrimination brought under the various laws enforced by the EEOC.

For additional information or questions regarding this topic, please contact the author or your regular DeWitt employee relations attorney.

About the Author

Jordan Rohlfing is an attorney in DeWitt’s Litigation and Labor & Employment Relations practice groups. She is dedicated to providing top-quality legal services for all of her clients. Working with partners at DeWitt, Jordan has assisted with post-employment restrictive covenant disputes, civil litigation, breach of contract cases, real estate transactions, as well as employment law matters.

Jordan has experience advising companies on employment issues from hiring to termination and defending those companies when disputes arise. She helps advise companies on compliant policies and procedures under Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Wisconsin Fair Employment Act (WFEA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Fair Credit Reporting Act (FCRA), and many other federal and state laws.

Contact Jordan by email or phone at (608) 283-5509.


One of the best features about our website articles and blog entries is that they are timely—you get up-to-date information on the law as it exists at the time. The downside is that the law changes, but our older entries don't. That means we can't guarantee you are getting the most current law when reading through past entries.

Please don't take these articles and blog entries and rely on them as legal advice. Give us a call instead, for specific and pointed advice for your particular situation. Note that contacting us does not create an attorney-client relationship, unless you are accepted as a client of the firm.

Our Locations

Closed to outside visitors.
There may be emergency
exceptions to this measure
and our attorneys will actively
coordinate those situations
directly with our clients.  


2 East Mifflin Street, Suite 600
Madison, WI 53703
(608) 255-8891
Get Directions

Greater Milwaukee

13845 Bishop’s Drive, Suite 300
Brookfield, WI 53005
(262) 754-2840
Get Directions


2100 AT&T Tower,
901 Marquette Avenue
Minneapolis, MN 55402
(612) 305-1400
Get Directions

Get to know us

DeWitt LLP is one of the ten largest law firms based in Wisconsin, with an additional presence in Minnesota. It has nearly 140 attorneys practicing in Madison, Metropolitan Milwaukee and Minneapolis in over 30 legal practice areas, and has the experience to service clients of all scopes and sizes.

Our People
Our Law Firm
Areas of Expertise
News & Education
Contact Us


We are an active and proud member of Lexwork International, an association of mid-sized independent law firms in major cities located throughout the Americas, Europe and Asia and an active member of SCG Legal, an association of more than 140 independent law firms serving businesses in all 50 state capitals and major commercial centers around the world.


Best Lawyers 2013 – 2018
Compass Award 2012
Top 100 Lawyers: National Trial Lawyers Association

  • blf-badge-2016
  • blf-badge-2017
  • Ramac Member Logo
  • blf-badge-2018
  • BLF-Badge-2019


While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you (an “engagement letter”). You will not be a client of the firm until you receive such an engagement letter.

The best way for you to initiate a possible representation is to call DeWitt LLP at 608-255-8891. We will make every effort to put you in touch with a lawyer suited to handle your matter. When you receive an engagement letter from one of our lawyers, you will be our client and we may exchange information freely.

Please click the “OK” button if you understand and accept the foregoing statement and wish to proceed.