Why file an eeoc claim

In many cases, the organization may choose to resolve a charge through mediation or settlement. At the start of an investigation, EEOC will advise both the organization and the charging party if the charge is eligible for mediation, but feel free to ask the investigator about the settlement option. Mediation and settlement are voluntary resolutions. During the investigation, the organization and the Charging Party will be asked to provide information.

The EEOC investigator will evaluate the information submitted and make a recommendation as to whether there is reasonable cause to believe that unlawful discrimination has taken place.

The organization may be asked to:. There are many charges where it is unclear whether discrimination may have occurred and an investigation is necessary. Employers are encouraged to present any facts that they believe show the allegations are incorrect or do not amount to a violation of the law. An employer's input and cooperation will assist EEOC in promptly and thoroughly investigating a charge.

If there are extenuating circumstances preventing a timely response from you, contact your investigator to work out a new due date for the information. If you plan to file an age discrimination lawsuit, you must have filed a charge but you don't need a Notice of Right to Sue to file a lawsuit in court.

You can file a lawsuit in court any time after 60 days have passed from the day you filed your charge but no later than 90 days after you receive notice that our investigation is concluded. If you plan to file a lawsuit under the Equal Pay Act, you don't have to file a charge or obtain a Notice of Right to Sue before filing. Rather, you can go directly to court, provided you file your suit within two years from the day the pay discrimination took place 3 years if the discrimination was willful.

Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. How long the investigation takes depends on many factors, including the amount of information that needs to be gathered and analyzed.

On average, we take approximately 10 months to investigate a charge. We are often able to settle a charge faster through mediation usually in less than 3 months. If new events take place after you file your charge that you believe are discriminatory, we can add these new events to your charge and investigate them. This is called "amending" a charge. In some cases, we may decide it is better for you to file a new charge of discrimination. If new events are added to your charge or a new charge is filed, we will send the new or amended charge to the employer and investigate the new events along with the rest.

Keep in mind that the strict deadlines for filing a charge also apply when you want to amend a charge. The fact that you filed an earlier charge may not extend the deadline. What can I expect? Step 1 Gather information to file your complaint: Your name, address, and telephone number The name, address, and telephone number of the employer or employment agency or union you want to file a complaint against The number of employees employed there if known A short description of the events you believe were discriminatory for example, you were fired, demoted, harassed When the events took place Why you believe you were discriminated against such as your race, color, religion, sex, pregnancy, gender identity, and sexual orientation, national origin, age 40 or older , disability, or genetic information.

Step 4 We will work with you to answer your questions and determine whether an investigation is the best course of action. Step 5 If we determine the law may have been violated, we will try to reach a voluntary settlement with the employer.

File with EEOC.