Filing a discrimination claim with the Equal Employment Opportunity Commission (EEOC) is a significant step towards addressing and resolving workplace injustices. Many states have their own agencies with which you can also file a charge, which will be cross-filed with the EEOC if federal law applies. Understanding the process can empower employees to navigate it effectively and advocate for their rights.
The anti-discrimination laws set various time limits to pursue your claims. It is important to research your claims to determine what time limits apply to your circumstances. Failure to file a charge of discrimination and/or lawsuit within the prescribed time period may prevent you from seeking relief.
Here’s a detailed guide on what to expect when you file a discrimination claim with the EEOC. This guide does not apply to federal employees who must follow a different procedure.
Step 1: Understanding Your Rights
Before you file a claim, it’s important to know whether your situation qualifies as discrimination under the laws enforced by the EEOC. The EEOC is the federal agency responsible for enforcing Title VII of the Civil Rights Act of 1964 and therefore handles discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information.
It is also illegal to retaliate against a person because they complained about discrimination, filed a charge, or participated in an employment discrimination investigation or lawsuit.
Step 2: Preparing to File a Charge
The first step in filing a charge is gathering the necessary information. This includes your contact information, employer’s contact information, a brief description of the discriminatory acts, and why you believe you were discriminated against.
It’s crucial to note that charges must be filed within 180 days from the day the discrimination occurred. This period can be extended to 300 days if a state or local anti-discrimination law also covers the charge.
Step 3: Filing the Charge
Charges can be filed in person at an EEOC office, by mail, or online through the EEOC’s Public Portal. If you’re unsure about how to file the charge, you can send an inquiry through the EEOC’s Public Portal, and they will provide information and assistance. Once the charge is filed, the EEOC will give you a copy with a charge number. It’s important to keep this document as it is essential for following up on your case.
Step 4: EEOC Assessment and Mediation
After filing your charge, the EEOC will assess the allegations and determine how best to proceed. In many cases, the EEOC may offer mediation as an option to both you and the employer.
Mediation is a voluntary, confidential process where a neutral mediator helps both parties try to reach a settlement. It is faster than an investigation and can resolve disputes without an adversarial process.
Step 5: Investigation
If mediation is unsuccessful or not opted for, the EEOC will begin an investigation. The length and depth of an investigation depend on the complexity of the case and the amount of information needed. During this process, the EEOC may request documents from your employer, interview employees, and visit the workplace if necessary.
As the charging party, you may be asked to provide additional information and documentation.
Step 6: Determination
Upon completing the investigation, the EEOC will make a determination. If they find insufficient evidence of discrimination, they will issue a letter called a Dismissal and Notice of Rights that tells you the findings and your right to file a lawsuit in federal court within 90 days.
If the EEOC determines that discrimination did occur, they will try to reach a voluntary settlement with the employer. If a settlement is not possible, the EEOC has the authority to file a legal action against the employer on your behalf. Just because the EEOC has the authority to file legal action on your behalf does not mean that it will do so. The EEOC may decline to litigate your claim.
Step 7: Legal Action
If the EEOC decides not to sue, you will be given a Notice of Right to Sue, allowing you to file a lawsuit in federal court within 90 days. This step is crucial and often where legal representation becomes necessary.
Filing a discrimination claim with the EEOC can be daunting, but understanding each step can help you navigate it more effectively. Remember, you are not alone—many resources can help, including legal advice from attorneys who specialize in employment law.
Reach out to Nichols Kaster PLLP today at (877) 344-4628 to learn more.
