How to Respond to an EEOC or Washington Human Rights Commission Charge

When you receive a discrimination charge, notify your EPLI insurer first, preserve all relevant records, and do not retaliate. The EEOC notifies employers within 10 days and generally allows 30 days for a position statement; the Washington State Human Rights Commission asks for a written response within 15 days. Mediation is free and voluntary. Most EPLI policies treat a charge as a claim and pay for defense from that point.

By Trella Commercial · Updated October 5, 2026

The short version

Call your insurer before you respond. Most EPLI policies treat an agency charge as a claim. Late notice can cost coverage, and the insurer may appoint or approve defense counsel.
Deadlines are short. The EEOC generally allows 30 days for a position statement; the Washington State Human Rights Commission asks for a written response within 15 days.
Preserve records. Federal rules require employers to keep all personnel records relevant to a charge until final disposition.
Do not retaliate. Retaliation against someone who filed a charge is illegal, and it is the most common allegation: 68% of Washington EEOC charges in fiscal 2025.
Consider mediation. The EEOC's program is free, voluntary, and confidential, and if it succeeds there is no investigation.

Which agency, and how they connect

Agency	Filing deadline	Your response	Notes
EEOC	300 days in Washington and Idaho	Position statement, generally within 30 days	Charges covered by state law are dual-filed with the state agency
Washington State Human Rights Commission	Six months (longer for pregnancy and whistleblower claims)	Written response within 15 days	Covers employers with 8 or more employees
Idaho Human Rights Commission	One year	As requested by the Commission	Filing here is required before a lawsuit under the Idaho Human Rights Act

The first week

Notify your EPLI insurer and send them the charge. Ask whether they will appoint counsel or approve yours.
Issue a litigation hold. Preserve emails, texts, personnel files, schedules, pay records, and anything else relevant. Suspend routine deletion.
Remind managers in writing that retaliation is prohibited, and route all contact about the charge through one person.
Calendar every deadline, including the position statement or written response.
Gather the facts with counsel: the timeline, policies, prior complaints, and how similar situations were handled.

The EEOC process

Step	What happens
Notice	The EEOC notifies the employer within 10 days of the charge, with a link to its Respondent Portal
Mediation offer	Free, voluntary, and confidential; if successful, there is no investigation, and a signed agreement is enforceable in court
Position statement	The employer's account of the facts and its defenses, generally due in 30 days; extensions must be requested early with good cause
Sharing	The EEOC gives the position statement and non-confidential attachments to the charging party on request, who may respond within 20 days; put confidential material in separately marked attachments
Investigation	Requests for information, possible on-site visits, and witness interviews; investigators may interview non-management employees without the employer present
Outcome	A dismissal with a Notice of Rights, or a Letter of Determination inviting conciliation; if conciliation fails, the EEOC may sue or issue a Notice of Right to Sue
Lawsuit window	The charging party has 90 days after receiving a Notice of Right to Sue to file suit

The Washington State Human Rights Commission process

Step	What happens
Response	A written response is due within 15 days
Investigation	A full investigation of the facts
Finding	Reasonable cause or no reasonable cause (RCW 49.60.240)
Conciliation	If cause is found, staff try to resolve the matter by conference, conciliation, and persuasion
Hearing	If conciliation fails, the case can go to a hearing before an administrative law judge, presented by counsel for the Commission; awards for humiliation and mental suffering are capped at $20,000 at that stage (RCW 49.60.250)

An employee can also sue directly under the Washington Law Against Discrimination within three years, without filing with the Commission first.

The Idaho Human Rights Commission process

Step	What happens
Informal resolution	The Commission tries to resolve the matter before a determination (Idaho Code 67-5907)
Mediation	Voluntary, and both parties must agree; declining does not affect the investigation
Determination	Dismissal if no reasonable grounds; if there are, conciliation, and the Commission may file a civil action if that fails
Private suit	The complainant has 90 days after a dismissal to sue

Writing an effective position statement

Lead with the legitimate reason for the decision, supported by documents created at the time.
Be accurate. Statements that later prove wrong undermine credibility and can support a pretext argument.
Address every allegation, including retaliation.
Show consistency: how comparable employees were treated.
Attach your policies and evidence the employee knew about them.
Separate confidential information into marked attachments, since the statement may be shared.

How EPLI helps

Need	EPLI
Lawyer to respond to the charge	Usually covered as defense costs, subject to the retention
Mediation	Usually covered, including any settlement the insurer approves
Settlement	Covered with the insurer's consent; check the consent-to-settle (hammer) clause
HR advice before responding	Many policies include an HR hotline

Report the charge even if you think it has no merit. A charge reported late, or handled without the insurer, may not be covered. See what EPLI covers.

Common questions

How long does an employer have to respond to an EEOC charge?

The EEOC generally gives a respondent 30 days to submit its position statement and requested information. Extensions must be requested at the earliest possible time and require good cause.

How long do I have to respond to a Washington Human Rights Commission complaint?

The Washington State Human Rights Commission says written responses are due within 15 days.

Should we agree to EEOC mediation?

Often it is worth considering. The program is free, voluntary, and confidential, and if mediation succeeds there is no investigation. Talk with your insurer and counsel first, since settlements usually need the insurer's consent.

Does EPLI cover an EEOC charge?

Most EPLI policies define a claim to include an EEOC or state agency charge, so defense costs for responding are covered, subject to the retention. Report the charge to your insurer as soon as you receive it.

What records do we have to keep after a charge is filed?

Federal rules require an employer to preserve all personnel records relevant to the charge until its final disposition (29 CFR 1602.14). Suspend routine deletion of relevant emails and files.

Sources

This page is general information, not legal advice. Work with your insurer and counsel when responding to a charge. Reviewed October 2026.

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