eeocemp

The EEOC Process For the Charging Party

The Equal Employment Opportunity Commission (EEOC) has authority to investigate
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 - If you feel that your employer has discriminated against you, you
must file a Charge of Discrimination with the EEOC against the Company. The
Charge includes basic information about you, the Company and your complaint.

Do I need an attorney while the charge is with the EEOC? - Filing a charge of
discrimination with the EEOC does not require an attorney. However, it may be
beneficial to you to seek an attorney at this point. An attorney can investigate
your case, gather evidence, assist the EEOC and communicate with the Company.
The Company is more likely to take your case seriously if you have an attorney.
Our firm has had success settling cases when they are in the EEOC.

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 your favor, they will
issue you 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 you to file your suit in court. You
have 90 days from the date you receive the "Right to Sue" to file in Federal Court
and in some instances 60 days to file suit in State Court.

For more information on the EEOC, go to their website at www.eeoc.gov.

Not certified by the Texas Board of Legal Specialization