How to win an eeoc complaint
To win an EEOC (Equal Employment Opportunity Commission) complaint, you must focus on gathering strong evidence and following the proper procedures. Here are the key steps to improve your chances:
- Understand the Laws
- Familiarize yourself with relevant federal laws, such as:
- Title VII of the Civil Rights Act (prohibits discrimination based on race, color, religion, sex, and national origin).
- The Americans with Disabilities Act (ADA).
- The Age Discrimination in Employment Act (ADEA).
- Ensure your complaint falls within these protected categories.
- Gather Evidence
- Document incidents with as much detail as possible, including dates, times, locations, and individuals involved.
- Retain emails, messages, memos, performance reviews, or other relevant documents that support your claims.
- Identify potential witnesses who can corroborate your story.
- File a Timely Complaint
- Submit your EEOC complaint within the required timeframe:
- Usually 180 days from the date of the incident.
- Some states allow up to 300 days if the charge is also covered by state law.
- Cooperate with the EEOC
- Respond promptly to EEOC inquiries.
- Provide all requested documents and evidence.
- Attend interviews and mediation sessions, if applicable.
- Participate in Mediation
- The EEOC may offer mediation as an alternative to resolve the issue.
- Consider mediation to reach a settlement before a lengthy investigation.
- Stay Professional
- Avoid retaliatory behavior toward the employer or colleagues.
- Maintain professionalism in all communications with the EEOC and the employer.
- Seek Legal Counsel
- Consult an employment lawyer, especially if the case escalates or becomes complex.
- A lawyer can help you present your evidence effectively and guide you through legal procedures.
- Strengthen Your Case
- Show that the employer’s behavior was unlawful and caused harm (e.g., emotional distress, lost wages).
- Rebut any claims by the employer that the actions were justified or unrelated to discrimination.
What protected classes does the eeoc cover?
The Equal Employment Opportunity Commission (EEOC) enforces laws that protect individuals from employment discrimination based on the following protected classes:
- Race
- Discrimination based on an individual’s race or characteristics associated with race, such as hair texture or facial features.
- Color
- Discrimination based on an individual’s skin color or complexion.
- National Origin
- Discrimination based on a person’s birthplace, ethnicity, ancestry, or cultural characteristics.
- Includes accents or linguistic traits.
- Religion
- Protects individuals from discrimination due to their religious beliefs or practices.
- Requires employers to provide reasonable accommodations unless it causes undue hardship.
- Sex (Gender)
- Includes discrimination based on gender, gender identity, sexual orientation, and pregnancy.
- Covers issues such as unequal pay, sexual harassment, or stereotyping.
- Pregnancy
- Protects individuals from discrimination due to pregnancy, childbirth, or related medical conditions under the Pregnancy Discrimination Act.
- Age
- Protects individuals 40 years of age or older under the Age Discrimination in Employment Act (ADEA).
- Disability
- Protects individuals with physical or mental impairments under the Americans with Disabilities Act (ADA).
- Employers must provide reasonable accommodations unless it causes undue hardship.
- Genetic Information
- Prohibits discrimination based on genetic information, such as family medical history, under the Genetic Information Nondiscrimination Act (GINA).
- Retaliation
- Protects employees who file complaints, participate in investigations, or oppose discriminatory practices.
How to file an EEOC complaint
Filing an EEOC complaint (also called a “charge of discrimination”) involves several steps. Here’s a guide to help you through the process:
- Determine Eligibility
- Ensure the discrimination is based on a protected class (e.g., race, gender, disability, etc.).
- Confirm the complaint is filed within the required timeframe:
- 180 days from the discriminatory act.
- 300 days if a state or local agency also enforces anti-discrimination laws.
- Gather Evidence
- Document incidents with specific details:
- Dates, times, locations, and individuals involved.
- Any communications (emails, texts, memos).
- Identify witnesses or colleagues who can corroborate your experience.
- File the Complaint
You can file a charge in person, online, by mail, or by telephone. Here’s how:
Online
- Visit the EEOC’s Public Portal: EEOC Public Portal.
- Create an account and submit an inquiry.
- The EEOC will contact you to schedule an interview and determine if a charge can be filed.
In Person
- Visit your nearest EEOC office (call ahead to schedule an appointment).
- Bring your evidence and be prepared to discuss the details.
By Mail
- Write a signed letter that includes:
- Your name, address, and phone number.
- The employer’s name, address, and phone number.
- A clear description of the discriminatory act(s).
- The dates of the incident(s).
- Mail it to your nearest EEOC office (addresses can be found on the EEOC website).
By Telephone
- Call 1-800-669-4000 to speak with an EEOC representative, who will guide you through the process.
- Respond to EEOC Follow-Up
- After filing, the EEOC may:
- Request additional details.
- Offer mediation to resolve the issue.
- Launch an investigation.
- Participate in Mediation (Optional)
- Mediation is a voluntary process to resolve the complaint without a formal investigation.
- Cooperate During the Investigation
- If mediation fails or isn’t an option, the EEOC will investigate.
- Provide all requested documents and answer follow-up questions promptly.
- Await the Outcome
- After the investigation:
- The EEOC may issue a “right-to-sue” letter, allowing you to file a lawsuit.
- Alternatively, they may resolve the case through settlement or enforcement action.
how often are cases resolved by the eeoc
The resolution of cases filed with the Equal Employment Opportunity Commission (EEOC) depends on the specifics of each case. Here’s an overview of how cases are typically resolved:
- Types of Resolutions
Voluntary Mediation
- About 15-20% of cases are resolved through mediation, which is a voluntary process offered early in the complaint process.
- Mediation can lead to a settlement without a formal investigation.
Settlement During Investigation
- Around 20-25% of cases are resolved through settlements between the employee and employer before the EEOC concludes its investigation.
Dismissal Without Merit
- Approximately 50% of cases are dismissed because:
- The EEOC finds no reasonable cause to believe discrimination occurred.
- The charge falls outside the EEOC’s jurisdiction.
- The complaint lacks sufficient evidence.
Reasonable Cause Finding
- The EEOC finds reasonable cause in 3-5% of cases, indicating that discrimination likely occurred.
- This usually leads to conciliation efforts (negotiations to resolve the issue) or litigation if conciliation fails.
Litigation
- Less than 1% of cases proceed to litigation, as the EEOC selects only a small number of cases to pursue in court.
- Timeline for Resolution
- Mediation: Can resolve cases within 3-4 months.
- Investigation: May take 10-18 months, depending on case complexity.
- Litigation: If filed in court, cases can take 1-3 years to resolve.
- Common Outcomes
- Many cases result in monetary settlements or agreements for policy changes at the employer’s organization.
- Non-monetary resolutions may include reinstatement, promotions, or accommodations.
what to do if the eeoc does not resolve charge
If the EEOC does not resolve your charge of discrimination, there are several steps you can take to pursue the matter further. Here’s what to do:
- Understand the EEOC’s Decision
The EEOC typically issues a decision after completing its investigation. The outcomes could be:
- No Reasonable Cause: The EEOC finds insufficient evidence to support your claim.
- Reasonable Cause: The EEOC determines there is evidence of discrimination and attempts to resolve the issue through conciliation.
- Dismissal: The EEOC may dismiss your charge for jurisdictional or procedural reasons (e.g., untimely filing).
Regardless of the outcome, you are entitled to proceed with legal action if you choose.
- Obtain a “Right-to-Sue” Letter
- If the EEOC is unable to resolve your charge or dismisses it, you will receive a “Notice of Right to Sue” letter.
- This letter gives you the legal right to file a lawsuit against your employer in federal or state court.
- The EEOC typically issues this letter:
- Automatically if no resolution is reached after 180 days.
- Upon request by the charging party if they wish to sue.
- File a Lawsuit
- Once you have a Right-to-Sue letter, you have 90 days to file a lawsuit in federal or state court.
- Consult an employment attorney to:
- Assess the strength of your case.
- Navigate the legal process effectively.
- Your attorney can help ensure you meet all filing deadlines and procedural requirements.
- Consider Alternative Legal Remedies
- If applicable, you may also file a complaint with your state or local fair employment agency, which may offer additional protections or remedies beyond federal law.
- Some state laws have longer filing deadlines or broader discrimination protections.
- Document Ongoing Issues
- If discriminatory behavior continues, document any new incidents.
- File a new EEOC charge if necessary, based on additional violations.
- Explore Other Options
- Union or Professional Organizations: If you are a union member, your union may provide additional support or legal resources.
- Whistleblower Protections: If your complaint involves retaliation or other violations, you may be eligible for protections under whistleblower laws.
Key Takeaways
- If the EEOC cannot resolve your case, it does not mean the case is over. You have the right to pursue legal action.
- Consulting an experienced employment lawyer is often crucial at this stage to strengthen your case and increase your chances of success.
how to find an employment lawyer
Finding a qualified employment lawyer is an important step to help you navigate your case effectively. Here are some steps to locate the right attorney:
- Use Online Lawyer Directories
- American Bar Association (ABA): The ABA website provides a directory of attorneys by state. Visit Find Legal Help to search.
- National Employment Lawyers Association (NELA): NELA specializes in employment law. Their directory is available at NELA Directory.
- State Bar Association: Your state’s bar association website often has a “Find a Lawyer” tool for attorneys specializing in employment law.
- Get Referrals
- Ask for recommendations from trusted friends, family, or colleagues who have dealt with similar legal matters.
- If you’re a union member, consult your union for referrals to labor and employment lawyers.
- Check Legal Aid Resources
- If you cannot afford a lawyer, look into local legal aid organizations or nonprofits that offer free or low-cost legal services.
- Many legal aid organizations specialize in employment law for low-income individuals.
- Research Reviews and Credentials
- Look up lawyers’ websites, client reviews, and testimonials on platforms like:
- Avvo (www.avvo.com): Provides reviews and ratings for lawyers.
- Martindale-Hubbell (www.martindale.com): Offers peer and client reviews.
- Confirm the lawyer’s experience in handling cases similar to yours (e.g., discrimination, harassment, wrongful termination).
- Schedule Consultations
- Many employment lawyers offer free or low-cost initial consultations or case evaluations.
- During the consultation:
- Describe your case clearly and provide relevant documents.
- Ask about the lawyer’s experience, fees, and strategy for your case.
- Make sure you feel comfortable and confident with their approach.
- Understand Fees
- Employment lawyers typically work on one of the following bases:
- Contingency Fee: The lawyer only gets paid if you win (a percentage of your settlement or award).
- Hourly Rate: You pay for the lawyer’s time and work.
- Flat Fee: A set fee for specific services.
- Ask for a written agreement outlining the fee structure before committing.
- Verify Licensing
- Ensure the lawyer is licensed and in good standing with your state’s bar association.
- Most state bar associations have a tool for verifying lawyer credentials.
Key Questions to Ask an Employment Lawyer
- Have you handled cases similar to mine? What were the outcomes?
- What are the strengths and weaknesses of my case?
- How do you charge for your services, and what costs can I expect?
- How will you communicate updates about my case?
If you have been the victim of discrimination, harassment, or retaliation and the EEOC has failed to resolve your charge, consult Fett Law today. An experienced employment lawyer will evaluate your case free of charge.
This page is for general informational purposes only and should not be considered legal advice. Only an attorney with comprehensive knowledge of employment law and the individualized facts of your case can tell you whether you have a claim. You should always consult with an attorney before taking or refraining from any action.
