If you have experienced workplace discrimination or retaliation , you may be wondering what happens after you file a charge with the EEOC. In this blog post, we will outline the process and explain what to expect.
Keep in mind that every case is different, so these steps may not apply to your specific situation. However, this should give you a general idea of what to expect when filing a charge with the EEOC.
An EEOC charge is a formal statement that there has been some type of discrimination in the workplace. It may be because you were harassed, retaliated against, discriminated against or treated differently than employees who are not in your protected class . All charges must include the name and address of both parties, the facts of the case, and be signed by the charging party.
Once you file a charge with the EEOC, they will review it to make sure that it meets their legal requirements. If it does, they will reach out to the employer to ask if they would like to participate in mediation. If both parties agree, the case will go to mediation. If both parties don’t agree, or the case doesn’t resolve at mediation, the EEOC will request that the employer submits its response to the claims in the charge. The employers response is called a position statement. After the position statement is submitted, the EEOC may begin an investigation. This process can take anywhere from a few months to several years depending on the type of case and the number of witnesses.
After this, the EEOC will decide whether or not there is enough evidence to support your claim. If they believe that there is discrimination, then you may be given an opportunity for conciliation (similar to mediation) with your employer before going to litigation. If the case doesn’t resolve at conciliation, the EEOC may choose to litigate your case in case, where they will seek remedies like back pay, hiring, promotion, or reinstatement.
If you are not happy with the EEOC's decision or do not want to go through the EEOC’s lengthy process, you have the option of requesting the EEOC issue a "Notice of Right to Sue," which allows you to file a lawsuit in federal court. It is important to note that you must file your lawsuit within 90 days after receiving your "Notice of Right to Sue" from the EEOC.
If you are considering filing an EEOC charge, it is important to understand the process and know what to expect. At Robinson Law Offices, we can help you file your EEOC charge and guide you through each step of the process. Contact us today for a consultation.