Wednesday, May 20, 2015

EEOC Begins Implementation of Online Charge Notifications



This month, the EEOC began to roll out ACT Digital, the agency’s first step to a digital charge system. ACT Digital will enable electronic transmission of documents filed between the parties to a charge and the EEOC. Implementation began on May 6 with EEOC offices in the Charlotte and San Francisco areas. EEOC offices in Denver, Detroit, Indianapolis, and Phoenix will also begin implementation by the end of May. The remaining EEOC offices will roll out implementation in stages, with the EEOC expecting ACT Digital to be available in all offices by Oct. 1, 2015.

Phase 1 of implementation will allow employers (as respondents to a charge) to:
  • View and download a charge
  • Submit a position statement
  • Provide and update organizational and designated contact information, including legal representation 
  • Review an invitation to mediate and respond to it 
  • Communicate online with the EEOC
Each charge is assigned a unique password, which is sent by email to those employers who have a designated email address on file with the EEOC. For those employers who do not have an email address on file with the EEOC, a paper notice will be mailed to the employer’s address of record that will instruct the employer how to log on to the online portal with the charge number and system-generated password. For security purposes, employers will not be able to create and maintain individual user accounts with one login.

The EEOC currently allows employers to opt out of notification through the online portal. However, with the roll out being expanded to all offices this year, it is unclear how long the EEOC will leave the paper process an option for employers. For those who do not plan to opt out of notification through ACT Digital, employers should confirm their designated EEOC representative and their email address. Additionally, employers should ensure the designated representative is notified and trained as to the EEOC’s new notification processes so they do not inadvertently delay an employer’s response. Additional information can be found on the EEOC website.


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