The Equal Employment Opportunity Commission (EEOC) enforces the anti-discrimination laws, per the Federal Civil Rights Act, originally passed in 1964˳ The EEOC is a government agency that has the power to analyze charges and claims regarding unlawful discrimination cases, as well as reach initial judgments in these matters˳
The following are the steps which you will need to take in order to file your EEOC charge
- First, you should contact your state’s civil rights commission and see if they can be of any assistance˳ Their response will usually be dependent upon the specific regulations in your state˳
- The statute of limitations is extremely short compared to other claims, and you must file your claim within 180 days of the alleged discriminatory act˳
- You may file your charge online, by telephone, or in person at the EEOC office nearest to where you live˳ You will usually find an office open in most large cities˳
- Your claim, or charge must include your nae, address, and telephone number˳ You should also furnish detail about your employer, the discrimination alleged and a provide as much detail as possible˳
Other points to consider when filing an EEOC claim or charge:
- Be clear and concise when describing he alleged discriminatory events and acts˳
- Attach any documents required to prove your complaint˳
- Provide witness information if at all possible˳
- You can stay anonymous by not feeling your name in the complaint, but this is not recommended and may result in your charge being denied˳
Post charge procedures:
- Once your charge has been filed, the EEOC will begin the investigation process with the information which you have provided˳ They will contact the parties listed in the charge, analyze any documents and materials as well as gather information from third parties to investigate your charge˳
- During the investigation, your employer is prohibited from taking any action against you˳ This could be considered retaliation for filing the charge, and may result i additional charges and penalties˳
Resolving your charge:
- In some instances, where the EEOC finds merit to the charges, they may attempt to mediate with all parties in order to reach an mutually agreed settlement˳
- In other cases, the EEOC may find for the charging party, and allow you to pursue your claim in court, or pursue the matter for you˳
- If they do not find that the facts warrant a finding of discrimination, they will then inform you of their decision & will issue you a “right to sue” letter˳ You will then have 90 days to file a lawsuit in Federal Court˳
Ultimately, Federal and State discrimination laws are somewhat complex, and it would probably be in your best interest to contact an attorney who is experienced in these matters˳
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