EEOC Trial Attorney, California

It’s frustrating to face unfounded charges of discrimination, but it can also have severe consequences for your business. If a discrimination charge is successful, it can damage your business’s reputation and carry serious financial damages. Our California EEOC trial attorney defends businesses and employers against EEOC discrimination charges.


Our employment lawyers have defended numerous employers facing EEOC charges. They have an in-depth knowledge of business operation and will protect your business interests throughout the process.


We have successfully defended employers facing charges of discrimination based on:

  • Religion
  • Race
  • Gender
  • Sexual Harassment
  • Age
  • Disability
  • Retaliation


We seek to halt the case during the administration process, so it doesn’t go to court. To do this, we build a defense so strong the plaintiff’s attorney will advise them to avoid court. If the case reaches court, our aggressive litigators will represent you.


When your business is threatened, you need experienced California employment lawyers on your team. We offer complete employer representation and will guide you through investigation, mediation, and trials.


As the business owner, you will have access to our honest advice, but you will always make the decisions. If you choose to settle, we will negotiate a fair settlement and help you to structure policies to prevent these situations in the future. If you choose not to settle, we will zealously advocate during an EEOC investigation and in court. We will craft a strategy unique to your business and its needs. Our employment lawyers will be accessible and responsive around the clock.

What Happens After an EEOC Charge is Filed?

The EEOC will notify you of the charge within 10 days of filing. The notification will be in writing and contain a URL to log into the EEOC’s Respondent Portal to access information about the charge and any messages about the investigation.


If a charge is filed against you, it does not mean that your business has engaged in discrimination. It simply means an employee has filed a charge, and the EEOC will investigate the claim to see if discrimination occurred.


The EEOC offers mediation services and will advise both parties if the case is eligible for mediation. Mediation and settlement are offered as voluntary resolutions for discrimination charges.


Both the charging party and your business will be asked to provide information for the claim. The EEOC investigator will review the information and determine whether unlawful discrimination took place.


As part of the information, an employer may be asked to:

  • Submit a statement of position – This is your first opportunity to share your side of the story. It is important to consult a lawyer to write an effective statement of position.

  • Respond to any Requests for Information – The EEOC will request information such as policies, employee handbooks, personnel files, and any other information they deem relevant.

  • Allow the EEOC to visit the workplace – Onsite visits will help the process go quickly, and allow them to access documents they require rather than submitting a request for information.

  • Provide contact details for employees or make them available for witness interviews – The EEOC investigator can conduct interviews of employees who are not management level without permission of the organization. However, if they are interviewing management-level employees, a representative of the company may be present.


Often, it may be unclear from the initial statements of positions and documents if discrimination occurred. In these cases, the EEOC may decide an investigation is necessary. We encourage employers to cooperate with the EEOC and proactively present facts and evidence which show the allegations are false or do not violate the law.


Work with the investigator to ensure evidence is gathered efficiently without disruption to your business. Promptly respond to all EEOC requests and provide any evidence they ask for.


If there are circumstances which may inhibit a timely response, be honest with the EEOC investigator and agree upon a new deadline. The investigator will understand that you are running a business and may have deadlines that restrict a prompt response.


The average time it takes to investigate and resolve a charge is approximately 10 months. Any delays in responding to requests can make the charge drag on. The EEOC has the authority to subpoena any information relevant to the allegations. If you have concerns about the relevance or sensitivity of the information they request, it is best to discuss it with your EEOC investigator. Sometimes, the request may be modified to exclude sensitive documents.


Keep relevant documents, by law, employers must keep certain documents for a period of time.

EEOC Investigation

The EEOC investigator will:

  • Answer any questions you have about the investigation
  • Answer questions about the investigation status and your rights and responsibilities
  • Allow you to respond to the allegations
  • Investigate in a timely manner
  • Inform you of the investigation outcome

After the investigation is complete, the EEOC will determine the merits of the charge.

If the EEOC determines there is no reasonable cause to believe discrimination occurred, then they will send a Dismissal and Notice of Rights. A copy will be sent to both parties and will advise that no discrimination was found but that the charging party has the right to file a lawsuit within 90 days of receiving the notice.

If the EEOC determines there is reasonable cause to believe discrimination occurred, then both parties will receive a letter of determination. Both parties will be invited to resolve the charge through an informal conciliation process.

If conciliation does not resolve the charge, then the EEOC may file a lawsuit on the charging party’s behalf. Alternatively, they may issue a notice of right to sue to advise the charging party to seek legal representation to file a lawsuit in federal court within 90 days.

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