If you’re facing a discrimination problem at your California workplace, you may need to file a complaint with the Equal Employment Opportunity Commission to gain traction to resolve the issue. Let’s take a look at the process of filing an EEOC discrimination complaint.
The first step involves filing a “charge” with the EEOC. Your charge needs to be filed within 180 days of the discriminatory incident. The charge is a written legal document, much like a legal complaint, which details the incident and the facts that surrounded it. Find your closest EEOC to do this.
The EEOC will provide notice to the employer who committed the discrimination within 10 days of your filing. After that, the EEOC will start its investigation to find out if sufficient cause exists to support your allegations.
Essentially, the EEOC will try to determine if there’s a good chance that your charges will stand up during litigation. After the EEOC’s investigation, it will reveal its findings. If the EEOC doesn’t find that sufficient cause exists, you’ll have 14 days in which to ask that the EEOC’s determination be reviewed.
When the EEOC finds that cause exists to support your discrimination claim, it will begin conciliation. This is a way for you to resolve your issue prior to the beginning of court proceedings. It’s possible that you might arrive at a settlement agreement during the conciliation process. If no settlement can be reached, the EEOC issues its “right to sue” letter, and you’ll have 90 days within which to file your lawsuit. Alternatively, the EEOC may file a suit on your behalf in court.
Were you discriminated against at your job? You may want to discuss the facts surrounding your situation with a Los Angeles employment law attorney. Your lawyer can help you organize your case to file with the EEOC.
Source: FindLaw, “What to Expect: An EEOC Cause of Action Chronology,” accessed June 09, 2017
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