What happens when an employee sues the EEOC?
More often than not, the EEOC (Equal Employment Opportunity Commission) will issue a decision that it was unable to conclude whether discrimination occurred and issues a Right to Sue. When this happens, do not give up hope for your case.
Can a EEOC investigation be extended by 180 days?
However, the investigation may be extended by another 180 days in certain circumstances. It is not unusual for the EEOC Investigator to ask the parties for an extension. The EEOC Investigator may seek additional information through witness interviews, or by speaking to the Charging Party or employer.
What’s the next step in the EEOC process?
The next step is for the EEOC Investigator to review the information. The EEOC Investigator has 180 days to complete their investigation from the date that the Charge is filed. However, the investigation may be extended by another 180 days in certain circumstances.
How to check the status of your charge with EEOC?
EEOC’s Online Charge Status System allows both individuals who have filed a charge of discrimination (charging parties) with EEOC and respondents, and their respective representatives, to track the progress of the charge. These are the only users of the system authorized by EEOC.
When does the EEOC issue a final decision?
The Commission noted that if Complainant filed a formal complaint that raised an issue not within the purview of the EEO process, the Agency could then issue a final decision dismissing the matter with appeal rights to the Commission. Hayes v. U.S. Postal Serv., EEOC Appeal No. 0120112568 (August 29, 2012). Agency Processing Discussed.
How to file a lawsuit after an EEOC investigation?
You may also request a Notice of Right to Sue from the EEOC office investigating your charge if you wish to file a lawsuit in court before the investigation is completed (see below). This notice gives you permission to file a lawsuit in federal or state court. You Have 90 Days to File A Lawsuit in Court
What happens if EEO complaint is not processed?
The Agency’s Acting Manager for EEO Dispute Resolution subsequently advised Complainant that the issue was not an EEO matter, and her request for counseling would not be processed. The Acting Manager stated that Complainant could raise her concerns with the Commission if she disagreed with the decision.
Where can I find the digest of EEO Law?
The Digest of EEO Law is a quarterly publication of EEOC’s Office of Federal Operations (OFO) The Digest is now available online through EEOC’s homepage at www.eeoc.gov/federal/digest/index.cfm.