Fifteen Days to Answer: The EEOC Speeds Up the Charge Response Clock
For years, an employer served with a discrimination charge could count on roughly a month to tell its side of the story. That expectation no longer holds. The U.S. Equal Employment Opportunity Commission (EEOC) is now giving employers 15 days, not 30, to file a position statement, and requests for more time are meeting resistance they rarely encountered before. Notices issued through the EEOC Respondent Portal now generally reflect the 15-day window.
The agency has made no formal announcement. In a statement to the press, an EEOC spokesperson said the commission has not adopted an "official agency-wide policy change," while acknowledging that "response deadlines may vary among EEOC offices." The EEOC's public guidance for employers continues to describe a 30-day period. Employers should not rely on that guidance; the due date printed on the charge notice is the one that counts.
What Has Changed
The Clock: The position statement is the employer's first, and often most important, opportunity to answer a charge, raise its defenses, and supply documents supporting its account. The time allotted for that submission has been cut in half, from 30 days to 15.
Extensions: Not long ago, an employer that could show genuine progress on its response could usually secure an additional few weeks. Today, investigators are turning down many of these requests outright, and those they approve tend to add days rather than weeks.
Charging Party Replies: Employees who file charges are subject to the same compression. Their window to reply appears to have shrunk to 15 days from 30 once they receive the employer's position statement.
Why It Matters
The EEOC has made shrinking its inventory of private sector charges a priority; its Fiscal Year 2027 Congressional Budget Justification anticipated 44,540 charges still pending at the close of fiscal year 2026. A faster intake cycle serves that goal. For employers, it creates four practical problems:
A Compressed Fact-Finding Window: Two weeks may not be enough to locate the right records, speak with managers and coworkers, and assemble a complete and accurate narrative. Charges that challenge a pattern of decisions, implicate accommodation or leave obligations, or name several individuals are especially difficult to answer on this schedule.
Determinations Without the Employer's Side: An investigator who has nothing from the employer may decide the charge on the charging party's account alone, including by finding reasonable cause. Employers have seen such findings arrive only a few days after a missed due date, even where a last-minute extension request had just been rejected.
Leverage in Later Proceedings: A cause finding gives the agency and the charging party a stronger hand in conciliation and settlement talks. Although rare, depending on the jurisdiction, a court may also allow the finding to be presented to a jury.
Earlier Lawsuits: Once the EEOC concludes its handling of a charge, it issues a Notice of Right to Sue, which opens the courthouse door. A faster administrative process can therefore bring a lawsuit sooner, not avoid one.
Practical Steps for Employers
Meeting a 15-day deadline consistently requires planning before a charge is filed, not after. We recommend the following:
Build the Infrastructure Now: Assign one person, with a named alternate, to watch for EEOC e-mail notices, and verify that the Respondent Portal lists the correct contact. Designate in advance who will pull records, who will be the liaison to outside counsel, and who has authority to sign off on the submission. A response cannot be assembled quickly if personnel files, policies, and decision documentation are scattered across systems.
Treat Receipt as Day One: Enter the due date on the calendar the moment the notice arrives. Send the charge to counsel the same day, which allows the conflict check to run while the internal team begins collecting materials. Put a document preservation notice in place, identify the managers who made the decision at issue, and secure their availability for interviews. Plan for a review turnaround measured in a day or two, not a week.
Ask for More Time Promptly, and Plan as if the Answer Is No: If an extension is necessary, file the request through the portal within the first few days, not shortly before the deadline. Tie the request to concrete obstacles, such as a large document set, a key witness on leave, or multiple facilities involved, and ask for a specific, limited period. Filing a request does not stop the clock, so work should continue on the assumption that the original date will hold.
Submit on Time and Preserve the Ability to Add More: If the investigation is not complete by the due date, a timely statement based on what is known, coupled with an express reservation to supplement, is usually the better course.
Looking Ahead
Whether the EEOC eventually formalizes the 15-day practice or continues to apply it office by office, employers should assume that shorter deadlines are here to stay. Now is the time to test whether your organization could produce a complete, accurate position statement in two weeks and, if not, to close the gaps before the next charge arrives.
For more information on responding to EEOC charges and investigations, please contact Leena Fry, Molly Walsh Keppler, Zak Kuchler, Kyle Malone, Kelly Maxwell, Bernadette Sargeant, Stephanie Scheck, Joel Spann, Naima Starks, Dawn Valdivia, Luke VanFleteren, Benjamin Woodard or the Stinson LLP contact with whom you regularly work.
