Employers responding to discrimination charges before the U.S. Equal Employment Opportunity Commission (EEOC) may have less time than they expect. Historically, employers typically had 30 days to submit a position statement, and an additional 30-day extension was routinely available. Now, some EEOC field offices are giving employers just 15 days to investigate and respond—and extensions may be harder to obtain.

What Has Changed?

In its FY 2026 Congressional Budget Justification, the EEOC projected a year-end backlog of approximately 45,000 charges. Against that backdrop, some regional offices have begun issuing notices with a shortened, 15-day response deadline. The agency has not formally announced a nationwide policy change, and its website continues to state that respondents generally have 30 days to investigate and respond. Even so, many employers and their attorneys have learned of the shorter deadline upon receiving a Notice of Charge of Discrimination. Employers have also reported that extensions, historically granted upon a showing of “good cause,” are becoming less frequent.

Why a Shorter Deadline Matters.

A position statement is more than a written response. Preparing a thorough, accurate submission often requires interviewing witnesses, collecting emails and other communications, reviewing personnel files, evaluating workplace policies, determining how those policies were applied, and consulting with legal counsel. A 15-day deadline compresses that work into a much narrower window than many employers have come to expect.

The stakes are significant. Failing to respond adequately may contribute to an adverse determination by the EEOC. Rushing the process, however, can lead to an incomplete investigation or a position statement containing inaccuracies that undermine the employer’s credibility with the EEOC.

How Employers Can Prepare.

Employers can put themselves in a stronger position by taking the following practical steps:

• ‍Confirm Deadlines and Establish Communication Practices: Upon receipt of a Notice of Charge of Discrimination, employers should immediately identify the listed deadline for responding. Further, when such notices are received, employers should have a defined policy and practice in place for directing the notice to the appropriate personnel without delay.
• ‍Involve Legal Counsel Immediately: Notify internal and external legal teams as soon as a notice is received so the investigation and response can begin promptly.
• Request an Extension Early: If additional time is needed, submit the request as soon as possible and provide a tailored explanation of why the extension is warranted. Do not assume it will be granted.
• ‍Steer Clear of Retaliation: As always, remember that filing a charge of employment discrimination with the EEOC is a legally protected activity. Employers must ensure that no retaliatory actions are taken against the employee due to their engagement in that protected activity. Acts that might be perceived as retaliatory could result in additional claims against the employer.
• ‍Keep Records Organized and Accessible: Maintain disciplinary records, human resources materials, personnel files, and communications with supervisors so that these documents can be located and reviewed promptly.

Have You Received an EEOC Charge? Whether you have 15 days or longer to respond, early action is essential. RKW’s employment attorneys can help you investigate the allegations, prepare a position statement, and defend against the charge. Contact our team to discuss your next steps.

‍