EEOC Attorneys Representing Employees Nationwide

FILING AN EEOC COMPLAINT

The Equal Employment Opportunity Commission (EEOC) is a federal agency that oversees and enforces the federal employment protections in the workplace. If you have suffered discrimination due to your race, gender, sex, age, religion, pregnancy or a disability you can file a complaint with the EEOC. The EEOC also handles complaints for sexual harassment and retaliation in the workplace.

The EEOC is charged with investigating claims brought under the federal laws that apply, such as Title VII of the Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, and The Age Discrimination in Employment Act. Under these laws, you cannot simply go to court and file a lawsuit for discrimination or sexual harassment. First, you are required to get a right to sue notice from the EEOC. However, there are several steps required before the EEOC can issue a notice of right to sue.

From our offices in New York, NY, White & Hilferty handles EEOC cases nationwide. We also represent employees in-person by flying in attorneys to help with the process in your state. Our employment attorneys represent individuals in all stages of EEOC proceedings. In some instances, we can also litigate claims in state and federal district courts.

If you have been discriminated against or sexually harassed at work, the best thing you can do is speak with an employment attorney who can help protect your rights. Let us help you with the EEOC process. We would be thrilled to speak with you. Call our law firm at 800-932-1233 or contact us online to schedule a free consultation.

EEOC COMPLAINT PROCESS

The purpose of the EEOC is to investigate claims of employment discrimination and sexual harassment. There are a team of investigators that will look into the complaint to determine if there was an actual violation of the law. If there is a finding of a violation of the law, the EEOC can pursue the employer on behalf of the employee. If the EEOC is unable to mediate or settle the case on behalf of the employer, they will issue a notice of right to sue in federal or a state court.

The EEOC has a very strict set of procedural rules that must be followed to avoid dismissal or missing any statutory deadlines. It is critical that you have an employment attorney who understands the EEOC process and is experienced with EEOC complaints. Fortunately, the employment attorneys at White & Hilferty represent clients in in the EEOC in all 50 states.

Filing Your EEOC Complaint

You can file an EEOC complaint online, or in-person. It’s important to note that claims have a 180 day statute of limitations, unless filing with a local agency also (300 days). The EEOC will schedule an interview with an investigator by phone. If the investigator determines that the complaint has merit, then the employer will be required to submit a response, known as a position statement. The investigation team will then analyze the evidence submitted, and sort out the facts in order to make a determination.

EEOC Mediation

Some EEOC cases qualify for mediation in an attempt to reach an agreement between you and your employer. The mediator cannot order either party to accept the agreement, nor do you have to agree to mediation. If an agreement is met in mediation, this is oftentimes the preferred option because litigating discrimination cases in federal court can be timely and very expensive.

EEOC Investigation

If you decline mediation or it does not reach a resolution, the EEOC will investigate your claims. If the EEOC investigation cannot determine whether a law has been violated, it will issue a notice of Right to Sue letter giving you 90 days to file your lawsuit in court.

EEOC Settlement

If the investigation finds that a law has been violated, the EEOC will continue to pursue your case by first trying to settle with the employer. This resolution can include monetary and punitive damages. Otherwise, the EEOC will issue a Notice of Right to Sue and or files a lawsuit on your behalf.

SPEAK TO AN EXPERIENCED EEOC ATTORNEY

If you have suffered discrimination or sexual harassment at the workplace, the best thing you can do is speak with an experienced employment attorney who is knowledgable about the EEOC process. Before going about it on your own, give us a call to learn how we can help.

The EEOC process is complex and can be overwhelming without an attorney to ensure you get the maximum compensation that you are entitled to under the law. We will go over all the facts and relevant details with you in order to determine whether you have a good case for the EEOC. Our employment attorneys will prepare your complaint to file in your state EEOC office, and represent your case throughout all the steps that take place afterwards.