How does the EEOC look at a complaint?

How does the EEOC look at a complaint?

EEOC’s investigation of your complaint depends on the facts of the case, and the kinds of information we need to gather. In some cases, we visit the employer to hold interviews and gather documents. In other cases, we interview witnesses over the phone and ask for documents by mail.

What are the stages of an EEOC investigation?

The Stages of an EEOC Investigation 1. Someone Files a Charge. The process begins when someone files a charge with the EEOC or, for state claims, with the appropriate state agency such as the Department of Fair Housing and Employment in California.

What happens when the EEOC dismisses a charge?

The EEOC Makes a Determination Based on the investigation, the EEOC will determine whether sufficient reasonable cause exists to believe a violation occurred. If the investigation does not provide sufficient reasonable cause, the EEOC dismisses the charge and closes the case.

What is the role of the EEOC in the workplace?

The EEOC has authority to investigate charges of discrimination filed against employers who have a statutory minimum number of employees. The EEOC’s role in an investigation is to fairly and accurately evaluate allegations in light of all the evidence obtained, and attempt to settle the charge if discrimination has occurred.

What are the steps in an EEOC investigation?

The EEOC’s investigative steps include reviewing the employment files for the employee who filed the charge as well as files for employees named as witnesses or parties to the alleged unlawful acts. Some EEOC investigators request to visit the premises so they can review files on their own and interview witnesses.

How long does EEOC have to investigate?

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. The reality is that investigations take longer than they should.

How long does the EEOC have to investigate my s?

The EEOC assigns an investigator to your case and the investigator has 180 days to investigate unless additional complaints are added. At the end of the investigation, you have two options: request a decision or seek a hearing.

How does EEOC investigate complaints?

An investigator may ask the employer to answer questions about your claims. He or she may visit the employer and interviews and gather documents. If an employer is not cooperative, the EEOC can issue a subpoena to obtain documents, take testimony, or gain access to facilities.