Preparing evidence for an EEOC rebuttal after employer turned down mediation how are coworker texts handled?
My employer declined EEOC mediation yesterday, so my charge is officially moving into the formal investigation stage.
Honestly, I was surprised they turned it down because my motive has never been about a cash payout it’s about accountability, addressing systemic racism/differential treatment against Black employees, and calling out toxic leadership.
I haven’t been asked to submit my evidence to the EEOC yet, but I have a substantial amount of proof saved, including text messages from current coworkers validating the pattern of treatment and the environment behind closed doors.
For those who have navigated the EEOC investigation phase:
1. Next Steps & Timeline: Since they just declined yesterday, what is the immediate next step? How long does the EEOC typically give an employer to submit their official Position Statement?
2. Submitting Evidence: When do I actually submit my proof? Is it better to hold my coworker text messages and documentation until I get their Position Statement so I can submit it as a targeted Rebuttal, or send it to the investigator now?
3. Motive & Leverage: Since money isn't my primary goal, does having strong third-party coworker evidence usually force employers back to the negotiating table once the investigation gets moving and they see what proof actually exists?
Appreciate any advice or experiences with this phase!