why work with a lawyer for eeoc complaint

Most people do not need a lawyer to file a complaint with the EEOC. The process is designed to be easy for employees to navigate regardless of their knowledge of the legal system. But in a few scenarios it helps to have the assistance of a lawyer. For employees who are certain that they will sue their employer, it is often a wise choice to retain an attorney to assist in the EEOC process.

Full Answer

How to resolve an EEOC complaint with an attorney?

Hire a Qualified Attorney EEOC complaints do not necessarily have to result in court cases. Although this can potentially happen, typically, you may be able to resolve the matter earlier through negotiations directly between your counsel and counsel for your employer or mediation. The EEOC offers mediation services.

Why should I hire an attorney for my EEOC case?

Your attorney will also represent your case calmly and professionally. Your counsel has a duty to represent YOUR interests and thus fills a role very different from the EEOC investigator. Doing so is key to avoiding the consequences that can arise when you let anger or other emotions determine your behavior both before and during mediation.

What is the EEOC and what does it do?

The EEOC is an agency created by the federal government. Its purpose is to investigate claims involving workplace discrimination. As a regulatory agency, it has the power to enforce and uphold several anti-discrimination statutes.

Can an employer avoid an EEOC investigation?

Employers can avoid an EEOC investigation if they agree to attempt to mediate or settle the complaint. This will likely result in the employer having to change its procedures and policies. They may also be responsible for compensating anyone who complained.

What does EEOC stand for?

Which state has the only federal agency that protects employees from discrimination?

Does mediation work in a dispute?

Who is Jose from LegalMatch?

Do you need a lawyer for an EEOC complaint?

About this website

What happens when the EEOC determines that an employer is guilty?

If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known ...

How serious is an EEOC complaint?

Only 2% of EEOC charges result in action. While a company may want to take the risk to represent itself in front of the EEOC, that 2% risk may lead to a substantial penalty and money judgment that can bankrupt a company.

What percentage of EEOC cases won?

We found that at least 63% of workers who filed a complaint eventually lost their job. That number was even higher for workers who filed a disability-related claim, at 67%.

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. Of these, employees lost at least half of all cases.

What makes a strong retaliation case?

In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.

How often do employers settle out of court?

We often find that in order to force the parties to reach settlement issuing a claim in the Employment Tribunal is a good move. However, around 95% of cases settle before the full hearing at an Employment Tribunal.

How long does EEOC settlement take?

On average, we take approximately 10 months to investigate a charge. We are often able to settle a charge faster through mediation (usually in less than 3 months). You can check the status of your charge by using EEOC's Online Charge Status System.

What is the most common issue filed with the EEOC?

retaliationOver the past decade, the Equal Employment Opportunity Commission (EEOC) has reported that retaliation is the most common issue alleged by federal employees and the most common discrimination finding in federal sector cases.

Are EEOC cases public record?

Introduction. Title VII prohibits disclosure to the public of charges filed with the EEOC, and of information obtained in the agency's investigation of charges, prior to the institution of a suit under Title VII involving such information.

What are the chances of winning a discrimination case?

Your chances of winning a discrimination case will depend on how you proceed. The Harvard Law and Policy Review published an article in 2009 which found that employees only win discrimination cases against their employers 15% of the time.

What happens when the EEOC gives you the Right to Sue?

Once you receive a Notice of Right to Sue, you must file your lawsuit within 90 days. This deadline is set by law. If you don't file in time, you may be prevented from going forward with your lawsuit.

Can the EEOC award damages?

Remedies May Include Compensatory & Punitive Damages Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person's race, color, national origin, sex (including pregnancy, gender identity, and sexual orientation), religion, disability, or genetic information.

What does EEOC stand for?

EEOC stands for Equal Employment and Opportunity Commission. The EEOC is an agency created by the federal government. Its purpose is to investigate claims involving workplace discrimination. As a regulatory agency, it has the power to enforce and uphold several anti-discrimination statutes. In some states, such as Mississippi, the EEOC is ...

Which state has the only federal agency that protects employees from discrimination?

In some states, such as Mississippi, the EEOC is the only agency that protects employees from workplace discrimination. In most cases, employees cannot file a federal lawsuit for discrimination unless they have first filed a complaint with the EEOC (or a state equivalent).

Does mediation work in a dispute?

However, mediation does not always work in cases where the parties cannot come to a mutual agreement. In such cases, other avenues for relief may be needed.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Do you need a lawyer for an EEOC complaint?

EEOC complaints can sometimes involve some very complex employment law issues. They often require the help and representation of an discrimination lawyers, even if they do not yet reach the stage of a lawsuit. You may wish to hire a lawyer if you need help filing a claim.

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 an EEOC complaint?

What Are EEOC Complaints? EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. A company with more than 14 employees is subject to the EEOC stepping in.

Where to file a complaint with the EEOC?

Simply file your charge (s) with the EEOC district office in the city or state closest to your employer's U.S.-based headquarters.

What does an employer provide when filing a complaint?

These items include copies of HR policies and any personnel files after the EEOC has followed up with a formal request. Although disruptive to the company and overall operations, the EEOC staff may also visit the office.

What is the best way to resolve an EEOC dispute?

If the EEOC doesn't resolve the problem with one of the above methods, it can choose to file a lawsuit against the employer for you.

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

It usually operates through a network of offices and places strict deadlines for complaint filing, usually ranging from around 90 days and up to almost a year.

How long does it take to file a lawsuit against an employer?

Upon receiving the right-to-sue letter, you have only a short period (90 days) to file a lawsuit, so be mindful of the deadlines for ...

What is the purpose of the activities carried out by the EEOC?

The activities carried out are just for finding facts; information found by the EEOC is used to figure out if the complaint requires further action. From there, the process will turn into a formal investigation, which takes up more money and time.

What to do if you are victim of discrimination?

If you are the victim of employment discrimination, you have the right to file a charge with the EEOC. You need an attorney to help you navigate the process and get the compensation you deserve. The experienced EEOC Representation attorneys at the Derek Smith Law Group can help.

Can an attorney settle a charge?

Finally, the defense can choose to offer a settlement for your charge during the investigation process. Your attorney can help you navigate the settlement process. They also will make sure you receive fair compensation. Without an attorney, your employer can easily take advantage and settle for pennies of what your case is worth.

Can an employer contact you about a harassment claim?

Once an attorney represents you, your employer cannot contact you regarding your charge. Having an attorney will protect you from harassment from your employer regarding your claim. Any questions regarding the investigation should get directed towards your attorney.

Is discrimination in the workplace illegal?

Discrimination in the workplace is illegal under many federal laws . As a victim of workplace discrimination, you must file your discrimination or sexual harassment complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that investigates and authorizes claims for unlawful employment discrimination and sexual harassment.

What happens if the EEOC does not respond to your request?

If the agency does not respond, or if you are not satisfied with the agency's response, you can appeal to EEOC's Office of Federal Operations for a decision about whether the agency has complied with the terms of the settlement agreement.

How long does it take for an EEOC to investigate a complaint?

If more than 180 days pass and the agency has not yet finished its investigation, you can wait for the agency to complete its investigation, ask for a hearing, or file a lawsuit in federal district court. Once you ask for a hearing, the complaint will be handled by an EEOC Administrative Judge.

What happens after you send an EEO letter?

After your letter is received, the EEO Office will either add the new events to your complaint or send you to EEO counseling to discuss them with an EEO Counselor. If you are sent to counseling and the matter cannot be settled there, you have the right to file a new complaint that includes the new events.

How long do you have to notify the EEO of a settlement agreement?

If an agency does not comply in some way with the terms of your settlement agreement, notify the agency's EEO Director. You have 30 days from the day you first learned of the agency's failure to comply to give the EEO Director this notice. The agency must respond to you in writing to try and settle the conflict.

How long does it take to file a discrimination complaint?

Filing a Formal Complaint. If you decide to file a discrimination complaint, you must do so within 15 days from the day you received notice from your EEO Counselor about how to file a complaint. This notice is sent to you after your final interview with the EEO Counselor. You must file your complaint at the same EEO Office where you received ...

How long does it take for a complaint to be filed?

The agency has 180 days from the day you filed your complaint to finish its investigation. The investigation may be extended by another 180 days if new events are added to your complaint or if you file new complaints that must be added to your original complaint for investigation. You also have the right to agree to an extension of up to 90 days.

What happens if you have more than one discrimination complaint?

If you have more than one discrimination complaint against an agency, the agency's EEO Office must investigate your complaints together. This is to ensure that they are investigated as quickly and as efficiently as possible. The EEO Office will notify you before the complaints are combined.

What can an employee rights attorney do?

An employee rights attorney can assist you with such tasks. They will help you identify what types of documentation would be relevant to your complaint, making certain you do not overlook anything. It is worth noting you also need to be entirely truthful yourself during mediation.

What does a mediator do?

Mediators handle sensitive issues. Often, all parties involved may feel strong emotions about the situation and how it is being addressed, which is understandable. If you feel as though you have been discriminated against, you want to ensure the outcome of your claim is just.

Why is it important to prepare all relevant documentation before mediation?

You need to be prepared to catch them in their dishonesty when this happens. That is one of the main reasons it is essential to prepare all relevant documentation before your mediation begins. For instance, perhaps the employer makes a claim you could refute with emails.

Does the EEOC offer mediation?

The EEOC offers mediation services. Private mediators may also be called on to assist. This process involves discussing the complaint with a third party mediator listening to both your side and your employer’s side of the story. Employers are sometimes willing to settle to avoid drawn-out court cases.

Can coworkers confirm a complaint?

Coworkers may be able to confirm this as well. Reaching out to coworkers to gather statements supporting your complaint might be a good idea if your attorney advises you to do so. If they recommend this step, coordinate with them closely to avoid making critical mistakes.

Do not let emotions influence your behavior during mediation?

However, do not make the mistake of letting your emotions impact your behavior during mediation. While you may want to contact the mediators prior to your mediation to ask how you should prepare, if you do so, maintain your composure and be respectful. It is important to make the right impression.

Is it important to rest before mediation?

The impressions you make can influence the outcome of the mediation. Additionally, it’s a good idea to get proper rest before mediation begins. The process can be somewhat lengthy, and you do not want fatigue to set in.

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.

How to file a lawsuit against your employer for harassment?

If you want to file a lawsuit against your employer for harassment, you have to file a charge with the EEOC or a state agency first. 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.

How long do you have to file a harassment lawsuit?

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.

What happens if the agency doesn't settle your claim?

If the agency doesn't succeed in resolving your claims, it will almost certainly issue you a "right-to-sue" letter, stating that you have met the requirement of filing a charge and may file a lawsuit against your employer.

Can an employment lawyer help you file a lawsuit?

However, an experienced employment lawyer can offer you a lot of help and advice throughout the process, which can be crucial if you later decide to file a lawsuit. For example, your official EEOC charge, your company's investigation, the EEOC's investigation, and more could all be used as evidence in court.

What does EEOC stand for?

EEOC stands for Equal Employment and Opportunity Commission. The EEOC is an agency created by the federal government. Its purpose is to investigate claims involving workplace discrimination. As a regulatory agency, it has the power to enforce and uphold several anti-discrimination statutes. In some states, such as Mississippi, the EEOC is ...

Which state has the only federal agency that protects employees from discrimination?

In some states, such as Mississippi, the EEOC is the only agency that protects employees from workplace discrimination. In most cases, employees cannot file a federal lawsuit for discrimination unless they have first filed a complaint with the EEOC (or a state equivalent).

Does mediation work in a dispute?

However, mediation does not always work in cases where the parties cannot come to a mutual agreement. In such cases, other avenues for relief may be needed.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Do you need a lawyer for an EEOC complaint?

EEOC complaints can sometimes involve some very complex employment law issues. They often require the help and representation of an discrimination lawyers, even if they do not yet reach the stage of a lawsuit. You may wish to hire a lawyer if you need help filing a claim.