Q&A

Can a company retaliate against an EEOC complaint?

Can a company retaliate against an EEOC complaint?

Asserting these EEOC rights is called “protected activity,” and it is unlawful to retaliate against employees who file an EEOC charge, complaint, investigation, or lawsuit. So, you’re protected from being retaliated against in the workplace, but you’ll need to prove that the adverse action took place because you filed a claim or made a complaint.

When to contact an EEO counselor about discrimination?

If you believe that you have been the victim of discrimination, you generally have 45 days from the day the discrimination occurred to contact an EEO Counselor where you work or where you applied for a job.

What happens if you have more than one discrimination complaint?

If you have more than one discrimination complaint against an agency, the agency’s EEO Office must investigate your complaints together. This is to ensure that they are investigated as quickly and as efficiently as possible. The EEO Office will notify you before the complaints are combined.

Are there laws against retaliation in the workplace?

Of the more than 76,000 discrimination charges filed in 2018, the Equal Employment Opportunity Commission (EEOC) says that more than one-half were charges of retaliation against an employer. There are laws protecting employees (and job applicants) from being punished for asserting their rights to be free from employment discrimination.

How long does it take to file a complaint with the EEOC?

All of the laws we enforce, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. There are strict time limits for filing a job discrimination complaint with the EEOC. In some cases, you only have 180 days to report discrimination to EEOC.

Do you have to file a charge of discrimination with the EEOC?

It requests EEOC to take remedial action. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer.

Can a federal employee file a complaint of discrimination?

The procedures for filing a complaint of discrimination against a federal government agency differ from those for filing a charge against a private or public employer. For discrimination complaints against a federal government agency, the procedures are different.

Can a FEPA charge be filed with the EEOC?

If you file a charge with a FEPA, it will automatically be “dual-filed” with EEOC if federal laws apply. You do not need to file with both agencies. Note: Federal employees and job applicants have similar protections, but a different complaint process.

How long does it take to file an EEOC complaint?

In most cases, you have 180 days to file. An employment lawyer can assist you during this process. You can file a complaint at the EEOC office closest to where you live or at one of the 53 field offices. Where the discrimination occurred can influence the investigation.

When to file an equal employment opportunity complaint?

A state that has its own equal employment opportunity laws will be allowed 300 days after the act of discrimination occurred to file the complaint. A state that does not have its own equal employment opportunity laws only has 180 days to file.

How long does the EEOC take to respond to a complaint?

A complainant (the person filing the complaint) can request the Respondent’s Position Statement to review it and respond to it. The EEOC would like this response within 20 days. On average, the EEOC process takes about 10 months, though the investigation should be completed within 180 days after a complaint is filed. As you can see, these numbers do not match.

What does EEOC stand for in complaint?

EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. A company with more than 14 employees is subject to the EEOC stepping in.

How does an EEOC complaint hurt an employer?

Whenever morale plummets — regardless of the underlying reason — it affects productivity, job satisfaction and, ultimately, profitability. In terms of morale, an EEOC complaint can hurt the employer in monetary and non-monetary ways.

How does an EEOC complaint work?

An EEOC complaint is a complaint filed with the Equal Opportunity Employment Commission (EEOC). The EEOC is a federal agency within the United States designed to protect certain employees’ rights. It was established by the United States government to help enforce civil rights legislation contained in Title VII…

Who is the Equal Employment Opportunity Commission ( EEOC )?

The Equal Employment Opportunity Commission (EEOC) is a Federal agency in the United States which enforces employment laws. View our detailed article on how to submit issues to the EEOC and how the EEOC can help you.

Where did the EEOC file a lawsuit against Aldi?

The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit…that Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio.