Filing an Equal Employment Opportunity Commission (EEOC) complaint

The EEOC is a federal agency in the United States that enforces laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. A complaint to the EEOC is a formal grievance made by an employee who believes they have been discriminated against in the workplace.

A complaint/charge does not automatically constitute a finding that your organization engaged in discrimination. The EEOC has authority to investigate whether there is reasonable cause to believe discrimination occurred. Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge.

• If EEOC is unable to conclude that there is reasonable cause to believe that discrimination occurred, the charging party will be issued a notice called a Dismissal and Notice of Rights. This notice informs the charging party that s/he has the right to file a lawsuit in federal court within 90 days from the date of its receipt. The employer will also receive a copy of this notice.
• If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation.
• When conciliation does not succeed in resolving the charge, EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.
• Claims against a private or a state or local government employer: To take formal action, you must file a charge of discrimination with the EEOC. The charge must be filed by mail or in person with the local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is extended to 300 days if a state or local anti-discrimination law also covers the charge.

The EEOC will send you and the employer a copy of the charge and may ask for responses and supporting information. Before a formal investigation, the EEOC may select the charge for EEOC's mediation program. Mediation is free, confidential, and voluntary for both parties. A charge will only be mediated if both parties agree to participate in the process. Mediation may prevent a time-consuming investigation of the charge.

If a charge goes to mediation but is unsuccessful or is not selected for mediation, the EEOC investigates the charge to determine if there is "reasonable cause" to believe discrimination has occurred. If reasonable cause is found, the EEOC will then try to resolve the charge with the employer. In some cases, where the charge cannot be resolved, the EEOC will file a court action. If the EEOC finds no discrimination, or if an attempt to resolve the charge fails and the EEOC decides not to file suit, it will issue you a notice of a "right to sue," which will give you 90 days to file a court action. You also can request a notice of a "right to sue" from the EEOC 180 days after the charge first was filed with the EEOC and may then bring suit within 90 days after receiving the notice.

Contact The Justice Law Firm, LLC if you are experiencing discrimination in your workplace.