what questions do i.ask an eeoc lawyer

by Dr. Reginald Smitham III 8 min read

To file a charge, you must tell the EEOC or state agency some basic facts, including your name, the name of your employer, what happened, the dates of each incident, and so on. At the EEOC, you can do this in person or by mail, but your state agency may follow different procedures. A representative of the agency will likely ask you some questions.

Here are the five most important questions to ask your lawyer:
  • What percentage of your practice is dedicated to employment law?
  • How long have you been practicing employment law?
  • Have you handled cases like mine before?
  • What were the results?
  • What is your process of communicating with clients?
Sep 10, 2020

Full Answer

Do I need an attorney to file a complaint with EEOC?

We will ask you to provide detailed information about your job discrimination complaint and make an initial decision whether your complaint is covered by our laws. If your complaint is covered, we will ask you to complete a questionnaire. We also will counsel you about your job discrimination complaint. You can then decide whether or not you ...

What questions should I ask my employment lawyer?

The EEOC is important for making sure companies are NOT asking you questions about your race, gender, marital status, age, and disability. If the EEO-1 form is asking you, they are doing it to make sure companies are not misbehaving. For more details and EEO information, please visit the U.S. EEOC website .

How does the EEOC investigate my case?

How do I file a charge with the EEOC?

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What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

What does it mean when EEOC gives you a right to sue?

When the EEOC issues a right to sue letter, they are saying “we have done all we can do, now you can file a lawsuit if you want to.” A right to sue letter gives you permission to file suit in federal court. In fact, you need a right to sue letter in order to file most kinds of employment discrimination cases.Mar 20, 2020

What employers can and Cannot ask?

It is illegal to ask a candidate questions about their:Age or genetic information.Birthplace, country of origin or citizenship.Disability.Gender, sex or sexual orientation.Marital status, family, or pregnancy.Race, color, or ethnicity.Religion.Apr 12, 2022

What is a typical settlement for a EEOC?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.May 5, 2021

What makes a strong retaliation case?

Retaliation lawsuits can be won when the following is proven: The employee experienced or witness unlawful discrimination or harassment. The employee engaged in a protected workplace activity. The employer took an adverse action against the employee in response.Jul 26, 2021

What questions are illegal in an EEOC interview?

Before a job offer has been made, you can't ask questions about an applicant's disability or questions that are likely to reveal whether an applicant has a disability....4. What can't I ask when hiring?Do you have a disability?What medications are you currently taking?Have you filed any workers' compensation claims?

What is illegal for employers to do?

An employer may not take into account a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information when making decisions about discipline or discharge.

What qualifies as an EEOC complaint?

You can file a formal job discrimination complaint with the EEOC whenever you believe you are: Being treated unfairly on the job because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older) or genetic information; or.

What to do if you don't have a case?

So, the first thing you’ll want to do is ask the lawyer whether he or she thinks you have a case. If the answer is no, thank them for their time and move on. It doesn’t hurt to get a second opinion. However, if multiple attorneys tell you that you don’t have a case, it’s time to move on. 2.

How many discrimination complaints were filed in 2018?

In the 21 years that passed since 1997 until 2018, there were over 1.8 million workplace discrimination complaints filed with the Equal Opportunity Employment Commission (EEOC). Of those complaints, 82.6% were closed either because the investigation found that there was no issue or for administrative reasons.

Can you work with an attorney who has been found guilty of a crime?

Obviously, you don’t want to work with an attorney who has been found guilty of violating their rules of professional responsibility. If the attorney has been accused but not found guilty, you’ll want to find out all the details and then decide whether you’re comfortable working with them.

Why is the EEOC important?

The EEOC is important for making sure companies are NOT asking you questions about your race, gender, marital status, age, and disability. If the EEO-1 form is asking you, they are doing it to make sure companies are not misbehaving.

What is an EEO survey?

Job applicants will usually come across questions by the EEOC (Equal Employment Opportunity Commission), as part of a voluntary EEO Survey. In this survey, the job applicant is given questions that a company, by law, is not able to ask during the hiring process. Some questions you may see on the EEO survey that you should not see during ...

What is the purpose of EEO-1?

What is the Purpose of an EEO-1 Report? Its purpose is to require company employment data to be categorized by race/ethnicity, gender, and job category. The EEO-1 Report is a compliance survey mandated by federal statutes and regulations.

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How to file a lawsuit against the EEOC?

Just because your case starts with an EEOC complaint doesn't mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if: 1 The agency has not responded with a decision after 180 days and no appeal has been filed 2 The agency issued a decision and no appeal has been filed (you must file your lawsuit within 90 days of the decision) 3 The EEOC does not respond to your appeal with a decision within 180 days, 4 You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision)

How long does it take for the EEOC to respond to an appeal?

The EEOC does not respond to your appeal with a decision within 180 days, 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.".

How long do you have to file a lawsuit against the EEOC?

Once you receive a right-to-sue letter from the EEOC, for instance, you have only 90 days to file a lawsuit in federal court. A lawyer can make sure you meet these deadlines. And, a lawyer can try to settle your claims quickly, for as much money as possible, which might allow you to avoid the legal process altogether. Talk to a Lawyer.

How to file a charge with the EEOC?

To file a charge, you must tell the EEOC or state agency some basic facts, including your name, the name of your employer, what happened, the dates of each incident, and so on. At the EEOC, you can do this in person or by mail, but your state agency may follow different procedures. A representative of the agency will likely ask you some questions. ...

How long does it take to get a right to sue letter from the EEOC?

Although the EEOC tries to investigate claims within 180 days , the process often takes much longer due to budget constraints. To speed things up, you can request an immediate right-to-sue letter so that you can file a lawsuit in court. You can go through this entire process without a lawyer, if you wish.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

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