Draft Eeoc Position Statement

---
name: draft-eeoc-position-statement
task_id: employment-labor/draft-eeoc-position-statement
description: Guides the drafter in preparing a submission-ready EEOC position statement that accurately presents the employer's defense across the charged theories, supported by documentation and comparator evidence.
activates_for: [planner, solver, checker]
---

# Skill: Draft EEOC Position Statement

## 1. Subject-matter triage

- Treat the charge, attachment packet, personnel records, and any investigation correspondence as the operative record.
- Identify each theory actually pleaded or reasonably implied, including race discrimination, sex discrimination, retaliation, hostile treatment allegations if embedded in the narrative, and any adverse action theory tied to discipline, termination, pay, schedule, or assignment.
- If only one adverse action is truly in scope, say so affirmatively and explain why the rest are not separate decision points; otherwise enumerate the distinct actions and analyze each separately.

## 2. Failure modes the skill is correcting

- The draft overstates the employee's performance issues or simplifies the for-cause narrative in a way that can be tested quickly against the personnel file, damaging credibility.
- The draft states a legitimate reason but does not answer the pretext points the charging party is likely to raise from the documents.
- The draft omits comparator evidence, or discusses comparators without showing they were similarly situated in material respects.
- The draft answers only the charge narrative and ignores facts likely to surface from supporting records the agency will review anyway.
- The draft treats retaliation as a conclusory add-on instead of anchoring the timing of the adverse decision, the relevant decision-maker, and any protected activity.
- The draft recites law without tying each legal proposition to the governing authority and the documents in the record.

## 3. Legal frameworks / domain conventions that apply

- EEOC position statements are investigator-facing submissions, not briefs; they should be clear, factual, document-anchored, and consistent with likely corroborating records.
- Disparate treatment analysis should track the employer's articulated legitimate, nondiscriminatory reason and then rebut pretext with record citations and comparator evidence where available.
- Comparator evidence is strongest when the comparators share the same supervisor, job family, standards, and material conduct history, and were treated similarly for similar issues.
- Retaliation analysis should address protected activity under Title VII and, where relevant, the timing and provenance of the adverse decision; if the decision predated the protected activity or was insulated from it, say so with record support.
- Use the controlling authorities that govern the charge's theories, typically Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and, where useful, the governing EEOC regulations and leading retaliation/disparate treatment precedent recognized in this area.
- Do not state a legal conclusion in bare form; pair each proposition with the authority that supports it and the record fact that makes it relevant.

## 4. Analytical scaffolds

- Charge mapping: list each allegation, theory, and factual sub-claim raised in the charge and supporting narrative; respond to each in the order most useful to the investigator.
- Factual chronology: build a clean chronology from hiring through the challenged action, separating documented events, witness statements, and inferences.
- Legitimate reason analysis: identify the concrete performance, conduct, attendance, policy, or restructuring reasons actually supported by the file; align them with dates, prior counseling, warnings, or evaluations.
- Pretext analysis: identify the charging party's strongest likely arguments, including shifting explanations, selective discipline, comparator treatment, or temporal proximity; answer each directly.
- Comparator review: search for employees in the same work group or decision chain, with the same standards and similar conduct; state what happened to them and why they are or are not apt comparators.
- Retaliation timing analysis: separate the protected activity date, the adverse action decision date, the communication date, and the implementation date; explain whether the decision was already made, whether the decision-maker knew, and whether the action was independently supported.
- Evidence selection: attach only documents that actually support the stated reason; if a document cuts against the employer, address it rather than ignoring it.
- Authority support: cite the governing statute, regulation, or leading case for each substantive legal point used in the narrative.

## 5. Vertical / structural / temporal relationships

- Keep the chronology explicit enough that the investigator can see what happened before and after the alleged protected activity.
- When multiple employees, incidents, or disciplinary steps are involved, identify them as separate entries before drawing conclusions.
- Distinguish the challenged decision from earlier counseling, interim measures, and later administrative processing.
- If the charge bundles race, sex, and retaliation together, explain which facts are common to all theories and which are theory-specific.

## 6. Output structure conventions

- Format the submission as a formal EEOC position statement addressed to the investigator and referencing the charge number or other file identifier if available.
- Use a conventional structure: Introduction; Employer Summary; Factual Background; Response to Allegations; Non-Discriminatory Reason; Comparator Evidence; Retaliation Response; Conclusion.
- Write in a neutral, factual tone; avoid advocacy that sounds argumentative or speculative.
- Cross-reference numbered exhibits in the text and keep the exhibit list consistent with the narrative.
- Make every substantive proposition traceable to either a document in the record or a controlling authority cited by name and section.
- End with a concise conclusion that asks for dismissal or finding of no probable cause based on the record.