eeoccomp

The EEOC Process For the Company

The Equal Employment Opportunity Commission (EEOC) has authority to
invesigate all claims against employers arising under Title VII of the Civil
Rights Act of 1964, as amended, The Americans With Disabilities Act
(ADA), and the Age Discrimination in Employment Act (ADEA). This means
that they investigate claims against employers based on race, sex,
disability, gender, sexual harassment, national origin, religion, retaliation
and age. The statutes require that an employee file a charge of
discrimination with the EEOC before filing a lawsuit. Here is how the
process works.

Initial Charge - The employee first files a Charge of Discrimination against
the Company. The EEOC will send a copy of the Charge to the Company
within 10 days.

Response to Charge - The Company must respond to the charge. The
response should be carefully worded because it can be used against the
Company in a lawsuit.

Do I need an attorney while this charge is with the EEOC? - Yes. I always
recommend having an attorney in the EEOC process. I like to do a
thorough investigation of the complaint at this point in order to properly
evaluate it and prevent it from getting worse or from other complaints
happening. It is essential to get witness statements as soon as possible
while the alleged incidents are still fresh in the memory of the witnesses.

How long does this process take? - In most cases, the EEOC has a
minimum of six months to investigate the claim. They have the option of
taking longer. I have had clients with claims in the EEOC for over three
years.

Mediation Process - The EEOC has a mediation process where both sides
meet with a neutral mediator and attempt to resolve the case. The
mediation process is not used in every case.

How does the EEOC make a decision? - If the EEOC finds in the employee's
favor, they will issue a determination. At that point, they have the option
of dismissing the claim, filing a suit on the employee's behalf or trying to
settle the case through conciliation. In most cases, the EEOC will not
make a determination but will issue the employee a "Right to Sue."

What is a "Right to Sue?" - A "Right to Sue" allows the employee to file
your suit in court. The employee has 90 days from the date he or she
receives the "Right to Sue" to file in Federal Court and in some instances
60 days to file suit in State Court.

If your company has a pending claim and needs assistance, please
contact Trey Henderson at 713-266-1380. For more information on the
EEOC, go to their website at www.eeoc.gov.

Not Certified by the Texas Board of Legal Specialization