EEOC: Investigating Discrimination Complaints
The Equal Employment Opportunity Commission (EEOC) fights employment discrimination throughout the United States. The EEOC does this in three ways: education to prevent discrimination, investigation of discrimination complaints, and guidance to the federal government about equal employment. Justice and equality are the goals of the EEOC.
Unpack EEOC For Me
The Equal Employment Opportunities Commission formed to uphold Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which both prohibit employment discrimination. The EEOC, one of the many federal agencies that protects the rights of US residents, ensures that these laws are upheld. The main way that the EEOC supports these laws is by investigating discrimination complaints against employers filed by job applicants and employees.
EEOC: Investigative Business
As you already know, the EEOC investigates companies of specific size for discrimination complaints. Age discrimination cases will only be investigated if the business has 20 or more employees. But if you think you have a discrimination case on your hands, don’t hesitate from filing an EEOC discrimination charge.
If you have dealt with discrimination in one of the areas below, you may want to sue for discrimination.
- genetic information (having or carrying a gene mutation)
- sexual harassment (including pregnancy)
- sexual orientation
- national origin
- age (40 or older)
EEOC: The Process of Filing A Complaint
Naturally, the process for filing a complaint for the EEOC begins before you even file the complaint. Gathering your evidence and documentation of discrimination is important for your case. A lawyer can help you cover all your bases when you’re preparing to file.
Stick to the Rules
The EEOC outlines the information that it needs. However, keep an eye out for the deadlines since those are unbending.
File the Complaint
The review process begins when your employer is notified of the formal discrimination complaint against them. If the complaint is dismissed, you may appeal the decision.
A complaint enters the investigation stage after the review process. The EEOC assigns an investigator to your case and the investigator has 180 days to investigate unless additional complaints are added. At the end of the investigation, you have two options: request a decision or seek a hearing.
Retaliation by an employer is unlawful. If you experience retaliation, file an EEOC retaliation complaint and inform your lawyer.
Sometimes, your employer may request to negotiate a settlement through mediation. However, you don’t need to accept the settlement. But, if you do, and your employer doesn’t follow through, you must notify the EEO director at your company within 30 days.
EEOC: Letters And What They Mean
After an EEOC investigation comes to a close, you will often receive a letter. Due to limited funding, the EEOC doesn’t pursue lawsuit for most cases that it examines. However, they may advise you to sue. The EEOC might issue you one of three letters.
Dismissal and Notice of Rights letter – The investigator can’t find evidence of discrimination. However, despite this, you can still file a lawsuit in the federal court.
Letter of Determination – Employee and employer receive this letter, notifying the recipients that discrimination may have happened. At this stage, informal settlement of the dispute is encouraged.
If you receive a Right to Sue or Dismissal and Notice of Rights letter, you have 90 days to file for lawsuit. Contact a lawyer immediately because you will want to maximize your time for preparing for your case.
How Can An Attorney Help In An EEOC Complaint?
Be Your Law Guide.
A lawyer navigates your situation through the legal system with confidence and excellence. He or she knows your rights under the law and will ensure you complete the right paperwork within the deadline.
Draft Your Complaint.
When you file a complaint, sharing the right information for your situation is key. It’s a lawyer’s job to know what will aid the EEOC’s investigation of your complaint and what won’t. Furthermore, if you think your complaint may eventually become a lawsuit, you must be sure to have all the facts in place. If certain information is not in the complaint, you cannot file a lawsuit.
Knows When To Settle.
Most complaints must have an EEOC mediation. During these discussions, your employer may try to settle the situation outside of the courtroom. Your lawyer recognizes a good settlement when he or she hears one and will advise you for your best interests.
If you have experienced employment discrimination, contact an employment lawyer who will know how to navigate your case under the law.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.