EEOC Claim? What is the basic process in discrimination cases?

Mar 9, 2023 — by Chris Olsen
Tags: Eeoc Discrimination Process Right To Sue Mediation

Olsen Law Offices, APC has extensive experience dealing with EEOC claims. Generally, the EEOC has a reputation toward favoring the employee and has set up a process in which there is an early empahsis on settlement as opposed to active, advesarial litigation. The process for filing an EEOC claim for discrimination generally involves the following steps:

  1. Contact the EEOC: Before filing a claim, you should contact the EEOC to discuss your situation and determine whether you have a valid claim for discrimination. You can contact the EEOC by phone or in person at one of their offices. You can also submit an inquiry online using the EEOC's public portal.

  2. Complete an EEOC Intake Questionnaire: If the EEOC determines that you have a valid claim, they will provide you with an Intake Questionnaire to complete. This form will ask you for basic information about your employment situation and the alleged discrimination.

  3. Submit a Charge of Discrimination: After completing the Intake Questionnaire, you will be asked to submit a formal Charge of Discrimination. This document will include a detailed description of the alleged discrimination, as well as information about the employer and other relevant parties.

  4. Investigation: Once your Charge of Discrimination is submitted, the EEOC will begin an investigation into the allegations. This may involve requests for information and evidence from both you and the employer.

  5. Mediation: In some cases, the EEOC may offer mediation as a way to resolve the dispute without the need for litigation. Mediation is a confidential process in which a neutral third party helps the parties reach a mutually acceptable agreement.

  6. Right to Sue Letter: If the EEOC finds that there is no reasonable cause to believe that discrimination occurred, they will issue a Right to Sue Letter, which gives you the right to file a lawsuit in court. If the EEOC determines that there is reasonable cause to believe that discrimination occurred, they may try to settle the case or file a lawsuit on your behalf.

If you believe you have been the victim of discrimination in the workplace, it is important to consult with an experienced employment law attorney who can help you understand your rights and options for pursuing legal action.

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