Individuals who wish to file an employment discrimination claim have 180 days from the date of the last incident. The Equal Employment Opportunity Commission (EEOC) handles all complaints involving employment discrimination. To file a charge with the EEOC, an individual should first locate the nearest EEOC office. Some states have different filing deadlines, so it is best to go to an EEOC office in your home state. For example, the deadline to file a claim is 300 days in some states, rather than the 180-day federal deadline.
There are 53 EEOC field offices across the country, and each office has its own procedures about scheduling appointments or walk-ins to file a charge. When filing a charge in person, you may bring anyone with you to the meeting. For example, you may bring a spouse or family member for moral support. Further, if you have hired a lawyer, you may bring your lawyer to the meeting. Once an appointment or meeting has been made, you will need to gather information related to the alleged discrimination. At the meeting, you should try to bring any papers that will enable the EEOC to get a better idea of your case. This may include performance evaluations, in the event you were fired due to performance. In addition, journals detailing the discrimination with dates will be useful.
Filing a Discrimination Claim by Mail
If you cannot get to an EEOC field office, you can file a charge by mail. To file a charge by mail, you should draft a letter with the following information: (1) Your name, address and telephone number, (2) The name, address, telephone number and number of employees of your employer, (3) A brief description of the discriminatory events, (4) The date of the alleged events, (5) Your opinion on why you were discriminated against, and (6) Your signature. Once the EEOC receives this signed letter, the EEOC will review the information and contact you for any additional information.
EEOC Assessment
Before going to an EEOC field office, it may be useful to utilize the EEOC’s online assessment tool. This online questionnaire was designed to help an individual determine whether filing charges with the EEOC is the best course of action. Aside from submitting your personal information, you will have to provide your employer’s personal information. In addition, the questionnaire will request a brief description of the alleged discrimination, including the dates of the violations. Before filing a charge with the EEOC, it is important to review the employer’s anti-discrimination policy. When an employer has an instituted grievance procedure, it is often a good idea to file a claim internally with the office before contacting the EEOC.
Next Steps
Once a charge is filed with the EEOC, your employer will receive a notice of the charge within 10 days of the official filing. The EEOC will conduct an investigation after the charge is filed. Because the EEOC receives many claims, the investigation may not occur immediately. The priority of the investigation often depends on the severity of the details provided within the charge. During an investigation, the EEOC may visit your employer and conduct interviews with other employees at the office. In addition, the EEOC may request more documentation of the discrimination. In some cases, mediation may be a more desirable course of action. Following the investigation, if it is determined the law was violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC and employer are unable to reach a voluntary settlement, the case will be referred to the EEOC’s legal staff. The legal staff will then determine whether it is advisable for the EEOC to file a lawsuit against an employer.
In the event the EEOC cannot determine whether an employer has violated the law, the employee will receive a “Notice of Right to Sue.” This notice gives an employee the right to sue in a court of law. Upon receipt of this Notice, an employee has 90 days to formally sue his or her employer. After filing an employment discrimination charge, an employee may be entitled to compensation and damages. Compensation may include back-pay. Other possible remedies include reinstatement, if terminated, or a specific employment action. This may include a promotion or raise.