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Full Answer

Should I go to the EEOC or hire an attorney?

If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit.

What does the EEOC look for in a discrimination claim?

The EEOC investigates complaints made by employees against employers. It does not punish employers or award money to employees. The EEOC only investigates the facts of employees' complaints to see if there is any truth to them. How Do I File a Charge of Discrimination?

Are there any laws that are different from the EEOC?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC.

Can the EEOC file a lawsuit in federal court?

EEOC vs. Hiring a Lawyer in Federal Court In some cases, informal settlement and formal administrative processes fail to reach a satisfactory resolution. It is then up to the EEOC to decide whether it will file a lawsuit on your behalf in federal court. However, it is also up to you whether you accept the agency's offer of representation.

How long does it take to process an EEO complaint?

After making initial EEO contact, you enter what is known as the informal processing stage of the complaint. This stage continues for 30 days or 90 days, depending on whether you elect the Counseling or ADR/mediation route, respectively.

What happens if you pursue action against your federal agency?

If you choose to pursue action against your federal agency, the agency will investigate the dispute and the EEOC may determine whether any discrimination, harassment, or retaliation occurred. Each federal agency has its own EEO Counselor assigned.

How long do you have to file an appeal against an EEOC decision?

You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision) The EEOC may also opt not to pursue your complaint and issue a "Notice of Right to Sue.". If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within ...

What laws do not require you to exhaust your administrative remedies before heading to court?

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

Can an attorney negotiate with an employer about a job discrimination claim?

Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all. It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC. Whether your goal is to resolve the case quietly, make the most of your EEOC complaint, ...

Does the EEOC have civil rights?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC. In those cases, you and your employment discrimination attorney can discuss whether to file in the state system, the federal system, ...

Do you have to go to the EEOC for discrimination?

Most Job Discrimination Claims Must Go To EEOC First. If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit.

What is the age discrimination in employment?

The Age Discrimination in Employment Act (ADEA) forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and any other term or condition of employment.

What is the Equal Pay Act?

The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Actual job content (not job titles, position descriptions, or grade) determines whether jobs are substantially equal.

What is age discrimination?

Age discrimination claims, which involve treating an applicant or employee who is over 40 less favorably because of his or her age, have risen dramatically in the past few years as baby boomers have chosen to work for longer than the generation before them. The Age Discrimination in Employment Act (ADEA) forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, training, and any other term or condition of employment. It is also unlawful to harass or create a hostile work environment for a person because of his or her age, or to retaliate an employee for opposing or complaining about age discrimination.

Is it illegal to harass someone for their sexual orientation?

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s gender or potentially their sexual orientation. It is also unlawful to harass a person because of that person’s sex, even if the harassment is not of a sexual nature.

Is a job classification a factor other than sex?

Additionally, job classification systems qualify as a “factor other than sex” only if the systems accurately reflect job duties and/or employee qualifications.

Is it illegal to have an employee speak English?

Additionally, it can be illegal for an employer to require an employee to speak fluent English if fluency in English is not necessary to perform the job effectively.

Is it illegal to retaliate against an employee?

It is illegal for an agency to retaliate (or reprise) against an employee for opposing or complaining about unlawful discrimination or government waste, fraud, and abuse under any of the anti-discrimination statutes such as Title VII, the Rehabilitation Act, or the Whistleblower Protection Act. While most people are aware that it is illegal for their employers to retaliate against an employee who engaged in EEO activity, it is also illegal to retaliate against an employee who requested a reasonable accommodation (an activity protected by the Rehabilitation Act) or who reported sexual harassment to management (an activity protected by Title VII’s “opposition clause”).

What does an attorney do for an EEOC?

An attorney can evaluate the strength of your case, explain the implications of any settlement offers, and provide valuable advice on how you should proceed. Overall, it is up to each individual employee to decide whether to hire an attorney to assist in the EEOC process.

What does the EEOC do?

The EEOC investigates complaints made by employees against employers. It does not punish employers or award money to employees. The EEOC only investigates the facts of employees' complaints to see if there is any truth to them.

What is conciliation in employment law?

Like mediation, conciliation is a voluntary process by which both parties seek a mutually agreeable outcome with the help of a neutral third party. Regardless of whether the EEOC finds that discrimination occurred, it will give the employee a "right to sue" letter, which grants the employee permission to sue the employer in court.

How long does it take to file a complaint with the EEOC?

After discrimination occurs, employees have 180 days to file a complaint with the EEOC. In some states, the deadline is 300 days.

What happens after the EEOC receives a complaint?

After the EEOC receives an employee's discrimination complaint, the agency then contacts the employer to get its side of the story. The EEOC gathers relevant information from the employer and a Position Statement, which is a statement written by the employer (or the employer’s attorney) responding to the employee’s charge.

What is the process called when the EEOC finds reasonable cause to believe that discrimination has occurred?

If the EEOC finds reasonable cause to believe that discrimination has occurred, the agency will issue a Letter of Determination to both parties explaining the agency’s findings and inviting both parties to participate in a process called conciliation.

How long does it take for an EEOC to investigate an employee?

The EEOC usually must complete its investigation 180 days after an employee files ...