How to File an EEOC Claim
The employment law landscape is vast, but an agency that plays one of the most important roles is the Equal Employment Opportunity Commission (EEOC). The EEOC was established as an advocacy agency to ensure that workers throughout the country are not subject to discrimination in the workplace. If you have been treated unfairly at work, you may have to file an EEOC claim. Below, our Palm Beach Gardens workplace discrimination attorney outlines important things to know before filing a claim.
What is the EEOC?
The EEOC is a federal agency that was established in 1965. The goal of the agency is to prevent discrimination in the workplace based on color, race, national origin, sex (including sexual orientation, pregnancy, and gender identity), disability, national origin, and genetic information. Since it was established, the agency has been the cornerstone of the fight against workplace discrimination, giving workers a formal channel to voice their concerns.
Why File an EEOC Claim?
After experiencing discrimination in the workplace, an employee’s first step is often to file a formal EEOC claim. Some of the most common reasons employees file claims are as follows:
- Not being hired due to race, age, gender, and other protected characteristics
- Being harassed or facing offensive comments about your protected class
- Not being given a raise or promotion due to discriminatory reasons
- Being retaliated against after reporting an act of discrimination
How to File an EEOC Claim
You must file a formal complaint with the EEOC within a certain amount of time. You only have between 180 and 300 days to file your complaint, depending on the laws of a local or state agency. When filing a complaint, it is important to include as much information as possible. Describe the discriminatory behavior or incident, including when and where it happened, who instigated it, and what occurred.
After you file your complaint, the EEOC will notify your employer within ten days. The proceedings from this time are as follows:
- Mediation: You and your employer may enter into mediation sessions. Here, a neutral third party mediator will try to help you both communicate and compromise so you can reach an agreement.
- Investigation: Mediation is not always successful, nor is it always pursued. In these cases, the EEOC will conduct a thorough investigation. They may interview witnesses, review documents, and take other relevant steps.
- The determination: After the EEOC has concluded their investigation, they will send a letter of determination. They will also try to reach a settlement with your employer if they determine that discrimination did occur. The EEOC can file a lawsuit against your employer if they do not agree to a settlement. However, if the EEOC finds that discrimination did not occur, you still have the right to sue your employer directly.
Our Workplace Discrimination Attorney in Palm Beach Gardens Can Help You Through the Process
If you have experienced discrimination in the workplace, you do have legal options. At Sconzo Law Office, our Palm Beach Gardens workplace discrimination attorney can advise you of what those are and help you through whatever process is right for your case. Call us now at 561-279-6114 or contact us online to request a free consultation.
eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title VII prohibits employment discrimination,several sections of Title VII.