A strong factual response or rebuttal to an EEOC employer’s position statement is just a crucial to a person who filed the charge. Counter addressing all facts or supporting documentation given in an employer’s position statement can establish or not establish prima facie required in order to proceed with a charge of discrimination. Prima facie means there is sufficient evidence to establish a fact or raise a presumption unless disproved or rebutted. Knowing what an employer may have provided with their rebuttal can alert you to what you need to disprove in order to see your charge through.
Employers normally provide the following supportive documentation on the employee:
- Job description to corresponding position title;
- Performance Improvement Plan and Goals;
- Any disciplinary actions that may have been taken;
- Witness statements from co-workers, supervisors, upper management or customers;
- Possibly photographs or video footage; and
- Written documentation of unsatisfactory work.
With these things in mind a rebuttal to an employer’s position statement should disprove their negative statements. Therefore as a claimant it would be wise for you to gather witness statements from other staff members or customers if they are positive. Provide satisfactory or better written work documentation. Provide proof of any types of positive awards you may have received during employment there, such as cash awards, time-off awards, plaques and pictures. Submit copies of schooling or training certificates attended for specific skills. Submit a copy, if given, of your performance improvement plan and goals with original signatures. Submit a copy of your job description applicable to the position you were in when discriminated against. Every attempt must be made to change any alleged negative statements an employer may have submitted into positive characteristics about you.
If you are a person responding or rebutting an employer’s position statement the more hard evidence you have, the more you secure you can feel in establishing a prima facie case. If you are unsure or considering filing a complaint put an attorney who has a firm grasp of Arizona employment law on your side. Our team at Chelle & Zoldan can provide you with an objective look at your case and what your options are.