All major communications between the EEOC and employers, including the Commission’s service of newly filed EEOC charges, are now being handled through the Commission’s new online portal, the “Digital Charge System.” As of January 1, employers will both receive and transmit information to the EEOC through this portal.

All notification of EEOC charges will come through an email message that leads the employer to the portal, where charges and related documentation will be maintained. In most cases, the EEOC will no longer mail paper copies of EEOC charges to employers. Per the EEOC, the 30-day clock for responding to charges begins ticking the first time the portal is accessed after email notification, regardless of who within the company accesses the portal.

Additionally, since there will be no paper trail from the EEOC, employers will bear the burden of archiving information they send and receive via digital copies or paper printouts. Barada recommends all employers consult with their attorneys regarding the implications of this new system.