What should I do if I receive a charge from the EEOC?

This article addresses appropriate responses to a charge via a letter from the U.S. Equal Employment Opportunity Commission (EEOC), a federal agency that administers and enforces civil rights laws against workplace discrimination.

When to file a lawsuit after receiving a letter from the EEOC?

In either case, you have only 90 days from the day you received the letter to file a lawsuit. It is extremely important that you meet this deadline. Otherwise your case can be thrown out of court, and you may lose the ability to protect your rights. As soon as you receive your Right to Sue, contact your attorney.

How to respond to an EEOC position statement?

You can respond to the Position Statement in a written response called the Rebuttal. The Rebuttal is an opportunity for you to expand on your personal experience of discrimination or retaliation with additional facts and provide a legal analysis of all the claims.

How many charges did the EEOC resolve in 2015?

Here are some statistics from the EEOC: The agency received 89,385 charges of workplace discrimination in fiscal year 2015. It resolved 92,641 charges and obtained more than $525 million for complainants through settlements and litigation.

When does the EEOC issue a right to sue letter?

The Equal Employment Opportunity Commission (EEOC) issues “right to sue letters” when they are finished working on a case. When the EEOC issues a right to sue letter, they are saying “we have done all we can do, now you can file a lawsuit if you want to.” A right to sue letter gives you permission to file suit in federal court.

What happens if an EEOC case is dismissed?

If the EEOC is unable to resolve the case through mediation, they typically issue one of two letters: (A) a Dismissal and Notice of Rights or (B) a Letter of Determination. A Dismissal and Notice of Rights is issued when the EEOC is unable to find any solid evidence of discrimination. This does not mean that the case lacks merit.

Who is the claimant in an EEOC complaint?

The claimant might be a current or former employee, or an applicant alleging discrimination, harassment, or another wrongful employment action. These situations can be scary, but a bulk of that fear comes from what is unknown.

How long does it take to get mediation from EEOC?

An investigator will be assigned to your case, and should let you know whether the case is eligible for mediation. Most are. Mediation differs from investigation in that it is an informal resolution process, and is usually completed in a single session of one to five hours.

Who is involved in an equal employment opportunity hearing?

Hearings are governed by 29 C.F.R. § 1614.109. An Administrative Judge from the Commission adjudicates claims of discrimination and issues decisions.

Does the EEOC have the power of subpoena?

As part of its investigative authority, the EEOC has subpoena power under 29 C.F.R. § 1601.16. With a subpoena, the EEOC can compel the attendance and testimony of witnesses, the production of…

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.

Should I contact the EEOC?

You should contact the EEOC anytime you believe: You are being treated differently at work because of your race, color, religion, sex (including pregnancy ), national origin, disability, age (age 40 or older) or genetic information. You are being harassed at work for any of these reasons.

What to expect from the EEOC?

Complaint. The complaining person (complainant) must agree to withdraw the complaint and is prohibited from filing any further complaints or lawsuits relating to any issue being resolved in the settlement
Relief.
Confidentiality.
Fault.
Voluntarily.
Breach of Agreement.