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If EEOC and Florida Commission on Human Relations find no cause in your discrimination claim and you don't pursue it any further

Melbourne, FL |

Then will a potential employer be able to find out you filed with them or/and find out about the no cause through a background check?

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Attorney answers 3

Posted

I have never seen an EEOC claim show up on a background check. That doesn't mean it can't happen, but it just does not seem likely.

Posted

I don't see a mere Administrative complaint showing up on a background investigation.

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Posted

I am a California attorney and not eligible to give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. You should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

I am responding only with respect to the EEOC as I am not familiar with Florida law or practice.

The Equal Employment Opportunity Commission (EEOC) www.eeoc.gov is a federal administrative agency. The names of parties to EEOC claims are not listed or compiled on any public site. The EEOC case files are not open to the public as are court files. A potential employer would have to know the claim existed and request a copy of the file under the Freedom of Information Act in order to get ahold of this information.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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