Employment Discrimination: EEOC Procedure Important
If a person believes he or she has been discriminated against in the workplace, then that person may file a Charge of Employment Discrimination with the Equal Employment Opportunity Commission ("EEOC"), but must do so within certain time frames
File Charge with EEOCFiling a Charge of Employment Discrimination is the first step in bringing a claim of discrimination against an employer. Generally, an employee must file a Charge prior to bringing a lawsuit against their employer, and the Charge must be filed within 180 calendar days from the date the discrimination took place. However, if an employee is discriminated against due to their age, the time to file a Charge is extended to 300 days, so long as a state law exists that prohibits age discrimination and a state agency enforces that law.
EEOC Investigation and Potential ResolutionAfter an employee files a Charge of Employment Discrimination, an EEOC investigator contacts the employer. The employer has an opportunity to respond to the Charge of Employment Discrimination in writing, which is then provided to the employee and the employee's representative, if any. The EEOC then provides the employer and employee to participate in EEOC sponsored mediation, where both sides come together to attempt to resolve the matter without any further action by the EEOC or the initiation of resolution.
If the employer and/or the employee declines to participate in mediation, the EEOC then provides the employee with a Notice of Right to Sue, whereby the employee is provided an opportunity to pursue their claim of employment discrimination in federal court.