What is the EEOC?
The EEOC stands for the Equal Employment Opportunity Commission, a U.S. federal agency responsible for enforcing laws that prohibit workplace discrimination. Established under the Civil Rights Act of 1964, the EEOC plays a critical role in ensuring that individuals are not discriminated against in employment based on protected characteristics.
Key Responsibilities of the EEOC:
- Investigating Complaints: The EEOC investigates allegations of discrimination in the workplace, filed by employees or job applicants.
- Enforcing Federal Laws: It enforces federal laws that make it illegal to discriminate against someone based on:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information
- Promoting Education and Awareness: The agency conducts outreach, education, and technical assistance to help employers and employees understand their rights and responsibilities under anti-discrimination laws.
- Mediating Disputes: The EEOC encourages and facilitates mediation and alternative dispute resolution (ADR) as a way to settle cases without formal litigation.
- Filing Lawsuits: When necessary, the EEOC can file lawsuits against employers who violate discrimination laws.
Common Laws Enforced by the EEOC:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Equal Pay Act (EPA)
- The Genetic Information Nondiscrimination Act (GINA)
If someone believes they have been discriminated against at work, they can file a charge with the EEOC. The agency will review the case, and if warranted, may investigate or pursue legal action.
how to file a complaint with the eeoc
Filing a complaint with the Equal Employment Opportunity Commission (EEOC) is a straightforward process. Here’s how you can do it:
Step 1: Understand the Requirements
- You must file your complaint (called a “charge of discrimination”) within 180 days of the alleged discrimination.
- This deadline extends to 300 days if your state or local area has a law prohibiting the same type of discrimination and a corresponding agency.
- The discrimination must be based on a protected characteristic under EEOC laws (e.g., race, color, religion, sex, age, disability, national origin, or genetic information).
Step 2: Prepare Your Information
Gather the following details:
- Your contact information (name, address, phone number).
- The employer’s or organization’s contact information (name, address, phone number).
- A brief description of the discriminatory acts, including dates, what happened, and why you believe it was discriminatory.
- Any documents or evidence that support your claim (emails, witness statements, performance reviews, etc.).
- Names and contact information of any witnesses.
Step 3: File Your Complaint
You can file your charge in several ways:
- Online:
- Use the EEOC Public Portal (www.eeoc.gov).
- Create an account to submit your information and schedule an intake interview.
- In Person:
- Visit a local EEOC office (you can find one on the EEOC website).
- Call ahead to confirm office hours and whether an appointment is needed.
- By Mail:
- Write a signed letter with the details of your claim.
- Include your contact information and clearly state that you are filing a charge of discrimination.
- Mail it to the nearest EEOC office (addresses are on their website).
- By Phone:
- Call the EEOC at 1-800-669-4000 (TTY: 1-800-669-6820).
- They can guide you through the process or set up an appointment for you.
Step 4: Participate in the EEOC Process
- After filing, the EEOC will assign your case to an investigator.
- They may offer mediation to resolve the issue quickly.
- If mediation fails or is not offered, the EEOC will investigate the complaint and determine if there is reasonable cause to believe discrimination occurred.
Step 5: After the EEOC’s Decision
- If the EEOC finds evidence of discrimination, it may help resolve the matter or file a lawsuit on your behalf.
- If the EEOC does not find a violation, it will issue a “Right to Sue” letter, allowing you to pursue your case in court independently.
If you need assistance, contact the EEOC or a legal professional familiar with employment law.
protection for filing an eeoc complaint
Filing a complaint with the EEOC is a legally protected action, and federal laws provide safeguards to ensure that individuals are not retaliated against for exercising their rights. Here’s what you need to know about protection when filing an EEOC complaint:
- Protection Against Retaliation
- What is retaliation?
- Retaliation occurs when an employer punishes or takes adverse action against an employee for filing a complaint, participating in an investigation, or opposing workplace discrimination.
- Examples of retaliation:
- Termination or demotion
- Reducing hours or pay
- Denying promotions or opportunities
- Harassment or increased scrutiny
- Negative performance evaluations without justification
- Legal Basis for Protection
The following federal laws enforced by the EEOC explicitly prohibit retaliation:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Equal Pay Act (EPA)
- Genetic Information Nondiscrimination Act (GINA)
- Activities Protected by Law
Employees are protected from retaliation when they:
- File a charge, complaint, or lawsuit alleging discrimination.
- Participate in an investigation, hearing, or litigation related to discrimination.
- Oppose discriminatory practices (e.g., reporting harassment or speaking out against unequal treatment).
- Steps to Take if Retaliation Occurs
If you believe you’re being retaliated against for filing an EEOC complaint:
- Document Everything:
- Keep a record of retaliatory actions (dates, times, events, and any supporting evidence like emails or witness accounts).
- Report Retaliation:
- Notify your employer if possible, especially if the retaliation is not from upper management.
- File a Retaliation Charge:
- Submit a new charge with the EEOC specifically for retaliation. Retaliation itself is a violation, even if your initial claim of discrimination is not substantiated.
- Remedies for Retaliation
If the EEOC or a court determines retaliation occurred, potential remedies include:
- Reinstatement to your position (if terminated or demoted).
- Payment for lost wages and benefits.
- Compensation for emotional distress or punitive damages (depending on the case).
- Employer policy changes or training to prevent future retaliation.
- Tips to Protect Yourself
- Communicate clearly and professionally when filing a complaint or participating in an investigation.
- Follow your company’s internal reporting policies for complaints, if applicable.
- Seek legal advice or assistance from an employment attorney if you’re concerned about retaliation.
Knowing your rights and documenting your experiences are key to ensuring you’re protected throughout the process.
how often does the eeoc resolve charges?
The EEOC resolves charges of discrimination regularly, though the timeline and frequency can vary depending on the complexity of the cases, the method of resolution, and the agency’s workload. Here are some key details about how often and how the EEOC resolves charges:
- Annual Volume of Charges
- The EEOC handles tens of thousands of charges annually. For example:
- In recent years, the EEOC has received an average of 65,000–75,000 charges per year.
- The majority of these are resolved within the same calendar year.
- Methods of Resolution
The EEOC resolves charges in various ways, which impacts how quickly cases are closed:
- Administrative Closure:
- Occurs if the charge is incomplete, untimely, or withdrawn by the charging party.
- Around 10-20% of cases may be resolved this way.
- Settlement or Mediation:
- The EEOC encourages mediation early in the process to resolve disputes quickly.
- About 15-20% of cases are resolved through mediation or settlement.
- No Cause Finding:
- If the investigation finds insufficient evidence to support the claim, the EEOC issues a “No Cause” determination.
- This accounts for the majority of cases (around 65-70%).
- Cause Finding and Resolution:
- When the EEOC finds discrimination, it may:
- Facilitate conciliation (negotiating a resolution).
- File a lawsuit on behalf of the employee (rare; less than 5% of cases).
- When the EEOC finds discrimination, it may:
- Average Time to Resolve a Charge
- The EEOC strives to resolve charges quickly but times can vary:
- Simple Cases: Often resolved in 3-6 months.
- Complex Investigations: Can take over 1 year.
- If mediation is successful, cases may resolve in a few weeks to months.
- Statistics from Recent Years
According to EEOC annual reports:
- 70-80% of charges are resolved without litigation.
- Mediation success rates hover around 70% for cases referred to mediation.
- On average, the EEOC closes 50,000–60,000 charges annually.
- Factors Affecting Resolution Frequency
- Workload and Resources: The EEOC’s ability to resolve charges depends on funding and staffing levels.
- Type of Discrimination: Certain cases (e.g., systemic discrimination) may take longer to investigate.
- Cooperation: Faster resolutions often occur when both parties participate in mediation or conciliation.
If you’re considering filing a charge, being proactive, cooperative, and thorough in providing evidence can help expedite the process.
can attorney file an eeoc charge for me?
Yes, an attorney can file an EEOC charge on your behalf. While you can file a charge yourself, having an attorney involved can provide several advantages, particularly in complex or sensitive cases. Here’s how it works and what you should know:
- Filing by Attorney
- Your attorney can prepare and file the charge of discrimination with the EEOC for you.
- The charge must still include your signature, but your attorney can guide you through the process, ensuring all necessary details and documentation are included.
- Benefits of Having an Attorney
- Skip the inquiry step: Attorneys can file a Charge directly with the EEOC.
- Expert Guidance: Attorneys understand the law and can ensure your charge is complete, accurate, and complies with EEOC requirements.
- Stronger Case Presentation: An attorney can help you frame your allegations clearly and provide supporting evidence, increasing the likelihood of a thorough EEOC investigation.
- Protection of Rights: Your attorney can advise you about deadlines (e.g., the 180- or 300-day filing limit) and protect you from retaliation.
- Strategic Advice: They can help you decide whether to pursue mediation, negotiate a settlement, or prepare for a lawsuit if the EEOC process doesn’t resolve your case.
- Attorney’s Role in the Process
An attorney can assist you at every stage of the EEOC process, including:
- Drafting and submitting the charge.
- Communicating with the EEOC on your behalf.
- Representing you in mediation or conciliation efforts.
- Advising on the EEOC’s findings and next steps, such as filing a lawsuit if you receive a “Right to Sue” letter.
- Is It Required to Have an Attorney?
No, having an attorney is not required to file an EEOC charge. Many individuals successfully file and resolve charges without legal representation. However, legal counsel is especially helpful in complex cases, systemic discrimination claims, or when navigating potential employer retaliation.
- Costs and Accessibility
- Fees: Attorneys may charge a flat fee, hourly rate, or contingency fee (taking a percentage of any settlement or award). Discuss payment arrangements upfront.
- Legal Aid: If you cannot afford an attorney, non-profit organizations, legal aid clinics, or employment rights groups may provide free or low-cost assistance.
If you believe you have experienced discrimination and want to maximize your chances of a favorable outcome, consulting an attorney early in the process can be a valuable step.
what if the eeoc does not resolve my complaint?
If the EEOC does not resolve your complaint or finds insufficient evidence to support your claim, you still have options to pursue your case independently. Here’s what happens and what you can do next:
- “Right to Sue” Letter
- If the EEOC cannot resolve your complaint or decides not to pursue it further, they will issue a “Notice of Right to Sue.”
- This letter gives you permission to file a lawsuit in federal or state court.
- You typically have 90 days from receiving the letter to file your lawsuit.
- EEOC Closure Reasons
The EEOC may close your case for reasons such as:
- Insufficient evidence of discrimination.
- The case was administratively closed (e.g., withdrawn or untimely).
- The EEOC was unable to reach a resolution through mediation or conciliation.
Regardless of the closure reason, the “Right to Sue” letter allows you to pursue the matter on your own.
- Filing a Lawsuit
- Consult an employment attorney to assess the strength of your case and help prepare your lawsuit.
- File your claim in the appropriate court (federal or state, depending on the circumstances).
- If you cannot afford a lawyer, you may seek help from legal aid organizations or non-profits specializing in workplace rights.
- Time Limits for Filing a Lawsuit
- Once you receive the “Right to Sue” letter, you have 90 days to file a lawsuit.
- Failing to meet this deadline may result in losing the right to pursue your claim.
If EEOC has failed to resolve your charge or you would like to explore your legal options, 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.
