If you have experienced workplace retaliation and discrimination, you can file a formal complaint against your employer with the Equal Employment Opportunity Commission (EEOC). However, the EEOC claims have strict deadlines that, if missed, can prevent you from pursuing your case in court. It is crucial to consult a lawyer promptly.
At the Sexual Harassment Attorney, we have successfully represented many employees throughout the EEOC complaint process. We can guide you through this complex process and provide representation in court. Call us today to speak with one of our lawyers.
Understanding the EEOC
In 1961, President John Kennedy signed Executive Order 10925, which introduced legislation to prevent employers from mistreating a job applicant or worker based on their faith, race, national origin, ethnicity, or color. This enactment formed the basis for the anti-discrimination provisions under the Civil Rights Act. The EEOC usually imposes this law, which offers legal recourse for people who have been harassed or discriminated against in their workplace.
EEOC sets forth regulations and rules for workplace employer and applicant/employee interactions. It requires that all workers receive equal and fair treatment and encourages employers to implement policies promoting equality. All workers should have an equal opportunity to enjoy company benefits, such as:
- Raises
- Promotions
- Other employment placements
Employers should treat all employees fairly and ensure they have the same opportunities for growth and advancement. For example, if a supervisor offers a light-duty assignment to a disabled employee, they must provide the same accommodation to other individuals with similar disabilities.
What is an EEOC Complaint?
This claim alleges discrimination or harassment based on factors including ethnicity, religion, sex (encompassing sexual orientation, pregnancy, transgender status, and gender identity), age, nationality, disability (mental or physical), retaliation, and genetic information, as well as participation in prior EEO activities. The complaint may address an organization’s general conditions or stem from a specific administrative action, such as hiring, promotion, assignment, training selection, separation, or disciplinary measures.
Who Can File an EEOC Formal Complaint?
Employees who feel their rights have been violated can submit an employment discrimination complaint to the Equal Employment Opportunity Commission. This applies to all individuals, including employees, applicants, and former workers, regardless of their work authorization status or nationality. Full-time employment is not necessary to submit a complaint. Seasonal, temporary, and part-time employees can file workplace discrimination complaints with the board.
Furthermore, someone can file a workplace discrimination allegation on behalf of another person to ensure their identity remains protected.
The Legal Practices and Laws of the EEOC
The commission is guided by several policies offering comprehensive information on addressing various forms of workplace discrimination. The outcome of each case or complaint can vary significantly based on several factors, including:
- The timing of the complaint
- The size of the firm
- The nature of the discrimination
- The seriousness of the case
Once a complaint has been filed, a series of steps will be taken to assess the severity and nature of the case and determine whether your case warrants appropriate remedial action. If you would like more information about the case, contact an experienced attorney. They can offer you valuable legal guidance that matches your specific situation.
The Equal Employment Opportunity Commission relies on its governing regulations to assess whether individuals have encountered workplace harassment or discrimination. The following is an overview of the EEOC’s guiding principles:
Title VII, Civil Rights Act
This law states that it is unlawful to engage in discriminatory practices based on an individual’s religion, race, color, nationality, or sex. It ensures that disabled workers are entitled to reasonable accommodation in their workplace. Employers must always provide reasonable accommodation to disabled people without discriminating against them based on their specific conditions. The law prohibits employers from harassing or retaliating against employees who have filed or supported a workplace discrimination complaint.
The 1978 Pregnancy Discrimination Act (PDA)
This provision prohibits engaging in discriminatory practices against employees based on childbirth, pregnancy, or any health problems that may result from childbirth. Also, employers should refrain from engaging in any form of discrimination against single mothers or unmarried pregnant women.
Age Discrimination in Employment Act (ADEA)
This legislation makes it illegal to harass or discriminate against anyone over forty. Many countries discriminate against people over 35 in their respective workplaces. However, the United States protects the legal right to work for individuals over 40.
Equal Pay Act (EPA) of 1963
This law states that it is against the law to pay women and men differently for performing similar tasks in the workplace.
The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA)
These laws state that it’s against the law to act in discrimination against an eligible worker or candidate with a handicap. Employers must ensure that disabled employees are afforded equal benefits and rights in the workplace. Also, these laws dictate that employers are obligated to offer reasonable accommodations in the workplace unless such accommodations would create undue challenges for the business.
Genetic Information Non-Discrimination Act (GINA)
This provision states it is against the law to discriminate or harass individuals based on disorders or diseases rooted in their genetics. Employers are prohibited from discriminating against suitable applicants or workers based on their genetic information.
It is important to be fully aware of the above laws to accurately recognize the type and nature of harassment you may have experienced in your workplace. If you are harassed or discriminated against in your workplace by an employer or coworkers, it’s the responsibility of the employer or manager to address the problem and prevent it from happening again.
If your employer does not address actions that violate EEOC laws, you have the right to file an accusation with the EEOC and have the complaints heard by an administrative judge. You have the right to file EEOC complaints and receive immunity from any form of employer retaliation.
How to File an EEOC Formal Complaint
The process of filing a formal complaint is straightforward and managed by an EEO Counselor. Contact an EEOC counselor immediately or on the day of the incident. Prospective applicants or employees who have experienced discrimination have between 180 and 100 days to submit a complaint.
Before submitting an official EEOC complaint, you should first consult an EEOC Counselor. They will review your case and record the details. The EEOC Counselor typically offers two alternatives to resolve the issue without filing a complaint:
- Alternative Dispute Resolution (ADR)
- EEOC counseling
These options enable both parties to meet in casual settings to resolve the case before resorting to legal proceedings. Your employer or manager will likely use this method to resolve the dispute. If an employer does not meet your demands or provide remedies for the discriminatory act, you have the right to request a final meeting with an EEO Counselor.
During the interview, your EEOC counselor can guide you on the following:
- Whether you need to file a complaint
- Offer assistance in filing a complaint
Once you have received the EEOC counselor’s instructions, it is important to file your complaint within 15 days. The EEOC will provide you with ample time to submit your grievance.
What To Include in an EEOC Formal Complaint
Your discrimination complaint should include the following information:
- Your full name, telephone number, and address
- A brief account of any incidents that you believe involved discrimination, such as termination, demotion, or harassment
- Explain the reasons that made you feel you experienced discrimination. This could include factors such as color, race, faith, sex (including gender identity, sexual orientation, and pregnancy), nationality, age, genetic information, disability, or retaliation.
- A short account of any injuries you have sustained
- Your signature or legal representative’s signature
EEO Complaint Process
Various rules, guidance, management directives, EEOC case laws, and relevant federal court decisions guide the EEOC’s formal complaint process. The laws governing the complaint process can be found in 29 C.F.R. Part 1614.
There are three stages involved in filing an EEOC complaint. These include the following:
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The Informal Process
This stage, also called EEO Counseling and the pre-complaint phase, allows complaining parties and management officials to discuss the complainant’s issues, gather necessary information, and attempt to resolve problems informally.
EEO counseling can effectively address numerous workplace conflicts before they escalate into a formal, often adversarial, and time-consuming process. It provides applicants and staff with multiple formal procedures to raise their claims while informing them about available options. ADR remains an alternative throughout the formal complaint process.
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Formal Complaint Process
This legal process reviews workplace discrimination complaints based on color, race, sex, nationality, age, religion, or disability. It also addresses retaliation claims for opposing such harassment or participating in an EEOC complaint process.
If the complaint meets the procedural requirements set by law, an investigation will begin. In many cases, individuals who file complaints may also choose to have a court hearing before an Administrative Judge. The formal complaint process concludes with the Department issuing a Final Agency Decision (FAD) on the allegations.
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The Appealing Process
Individuals who have filed complaints during this stage can appeal Final Agency Decisions (FADs) to the EEOC. Appeals for merit decisions in mixed case disputes, which involve issues appealable to the Merit Systems Protection Board (MSPB), are initially directed to the MSPB.
Applicants and employees must first go through the EEO administrative complaint process to make their case in court, except for allegations based solely on the Age Discrimination in Employment Act (ADEA) or the Equal Pay Act (EPA). However, they do not have to go through the entire process before they can go to court.
What to Expect After Filing an EEOC Formal Complaint
Once your complaint has been filed, the governing body will promptly send you a letter acknowledging its receipt. The EEOC will then assess the complaint and determine if there are any procedural grounds for dismissal, such as filing after the deadline. If the agency does not dismiss your claim, it will investigate.
If the agency rejects your complaint, they will provide instructions on how to appeal the dismissal. If the agency dismisses your claim without investigation, you will have 30 days from the date you receive the board’s dismissal to file an appeal.
An agency may choose to dismiss a portion of the complaint while proceeding with the remaining parts. You must wait patiently for the agency to issue its final ruling on all allegations in your case before appealing a partial dismissal.
Investigation of Complaints
The commission has a maximum of 180 days to complete its investigation from the date you submitted your complaint. If new events are included in your claim or you file new allegations that must be incorporated into the original complaint, the investigation could be extended for an additional 180 days. You also have the option to approve an extension for a maximum of 90 days.
Once the investigation is complete, the agency will give you two options. These include:
- Request an administrative hearing before an EEOC Administrative Judge (AJ)
- Ask the commission to issue a decision regarding the incident of discrimination
If the agency has not completed its investigation within 180 days, you can choose to wait for the agency to finish, request a hearing, or file a lawsuit in federal district court. After requesting a hearing, an Administrative Judge (AJ) will handle the complaint.
The Role of Agency Investigators
An agency investigator’s responsibility is to collect information about your complaint. They do not have the authority to make decisions regarding your case. Instead, their role is to gather the necessary evidence to determine if the victim experienced discrimination.
Reaching a Voluntary Settlement
During the complaint process, the EEOC may propose a settlement for your complaint. You are not obligated to accept any settlement offer. If you and the agency resolve the issue, it will be dismissed, and no further action will be necessary. Both you and the board are expected to fulfill the obligations outlined in the contract.
Non-Compliance of the Agency
If an agency fails to comply with the conditions of the settlement agreement, inform the EEOC Director promptly. You should notify the EEOC Director within 30 days of discovering the agency’s non-compliance.
The agency will provide a written response to resolve the conflict. If the agency fails to respond or if you are unsatisfied with their response, you can appeal to EEOC’s Office of Federal Operations. They will decide whether the agency has fulfilled the settlement contract’s conditions.
It is important to note that you must file the appeal within a specific timeframe. You have 30 days from the date you receive the board’s response. If the agency fails to respond, you can submit the appeal 35 days after notifying the EEOC Director of their non-compliance. You must provide the agency with a copy of the appeal. The agency then has 30 days to give a response.
Representation In the EEOC Complaint Process
While it is not mandatory to have legal representation during the formal complaint process, you are entitled to have an attorney if you desire. You can also seek representation from a non-legal professional or choose to represent yourself. The EEOC cannot represent you in the formal complaint process.
Adding More Events to the Original Complaint
If new incidents occur after submitting your complaint that you consider discriminatory, you can include them in your existing complaint. This process is known as “amending” the complaint. To amend your complaint, contact the EEOC Office. Provide a detailed account of the incident and request that the recent events be added to your existing complaint.
Once your submission is received, the EEOC will either incorporate the new incidents into the formal complaint or refer you to EEOC counseling to discuss them with a Counselor. If counseling is required and the issue remains unresolved, you may submit new complaints that include the recent developments. The new allegations will be merged with the initial complaint at a later time.
Multiple Complaints
If you have multiple discrimination complaints, the EEOC must investigate them collectively. This ensures they are examined promptly and effectively. The EEOC will notify you before combining your complaints.
What are Your Odds of Winning an EEOC Discrimination Case?
It is impossible to predict the likelihood of winning a discrimination case because no case is ever the same. Your chances of winning depend on the specific facts of the case and how effectively you present them to the Equal Employment Opportunity Commission. Gathering evidence, preserving witness statements, retaining legal representation, and conducting a thorough investigation can improve your odds of success.
Find a Workplace Discrimination Law Firm Near Me
No employee should face workplace discrimination. However, it happens frequently, wreaking havoc on victims’ careers and leaving deep psychological and emotional scars. At the Sexual Harassment Attorney, we understand that all discrimination cases are unique based on specifics, applicable state laws, and other factors that influence their severity. We are prepared to help you pursue remedies for any diminished quality of life caused by a discriminatory incident at work.
Our attorneys will support you during court proceedings and settlement negotiations and assist you in submitting your claim to the EEOC. Call us today at 800-905-1856 to learn more about employees’ workplace rights and privileges.
