Effective January 1, 2016, all fifty-three EEOC offices nationwide implemented required use of a new Digital Charge System. This system provides parties to an EEOC Charge with a secure online portal to transmit and receive documents between the parties and the EEOC. Employers may not opt-out of the EEOC Digital Charge System unless they do not have the technological capability to receive or submit information online or via email.
Employers should now expect to receive a system-generated password to facilitate required access to the new digital system whenever a charge of discrimination is filed against them. Any documents submitted will be placed in a secure "respondent portal." But employers should take care in what they submit because position statements or other documents submitted by an employer may be shared with charging parties or their counsel unless the document is specifically designated as confidential. This is a dramatic change for employers, but the EEOC believes this new system will be a very positive change. Given that it is new for everyone, difficulties may arise in using the system. In that event, employers may contact the appropriate EEOC office by using the email address provided on the notice of the discrimination charge.
To help explain this new system and answer any questions attendees might have, the EEOC Deputy Director for Charlotte, Thomas Colclough, and the EEOC Richmond Office Director, Daron Calhoun, will be on hand at the April 28th showing of the 32nd Annual Employment Law Update at the Richmond Convention Center. In the meantime, many of the most commonly asked questions about the Digital Charge System can be found on the EEOC website at http://www.eeoc.gov/employers/act-digital-qanda.cfm. To register for the 32nd Annual Employment Law Update at the Richmond Convention Center click here or contact Andrea King at adking@kaufcan.com or 757.624.3232.
The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2026.
