How Do I File A Claim?
How do I file a state claim with the EEOC?
A claim of employment discrimination must be filed within 180 days of the last incident of discrimination. It can be filed in person or by mai with the Equal Employment Opportunity Commission:
Against whom can I file a claim?
A claim under Title VII can be filed against your employer.
If I choose to file a claim, what is expected of me?
Be prepared to include the following information with your claim:
How long will the process take?
The process can be lengthy, although it depends on the facts and circumstances of your case. Together with the investigation period and the court proceedings, the process can take anywhere from a few months to a few years.
Do I need an attorney?
You do not need an attorney to file a claim with the EEOC.
Where do I find an attorney?
If you decide to file a claim in court, you can contact your local bar association to find an attorney.
What will my attorney need from me?
Your attorney will need all of the information you provided to the EEOC as well as any documentation or evidence that you can provide about your case.
Do I have to contact the EEOC?
If you are filing a claim under Title VII, you must go through the EEOC first. For an Equal Pay Act claim, however, you do not need to file with the EEOC first. You can go straight to court.
What happens after I submit my claim?
After you file your claim, an investigation by the EEOC will commence. The investigation will include an examination of written files, requests for information, interviews, and visits to the site of the alleged discrimination.
What happens if the investigators determine that no "reasonable" or "probable" cause exists on which to base a claim?
If the initial in-depth interview does not produce enough evidence to sustain a claim, the claim will be dismissed and you will receive "right to sue" notification.
What happens if the investigator determines that "reasonable" or "probable" cause exists on which to base a claim?
If the investigation does determine that enough evidence exists to sustain a claim, the EEOC will make an attempt at conciliation, mediation, or settlement with your employer. If this is successful, neither party can go to court unless the agreement is breached. If this is unsuccessful, you will receive a "right to sue" letter, which means you can file a claim in court on your own, or where evidence is ample, the EEOC may file a suit.
What is a "right to sue" letter?
A "right to sue" letter is your notification that you have exhausted the administrative procedures, meaning that you have gone through the EEOC and, for whatever reason, an agreement was not reached. The letter gives you 90 days to file a claim in court to sue your employer directly.
Can I appeal a decision of the Commission?
Yes. Once the EEOC administrative judge has made a ruling, the agency has 40 days to issue a final order. This means they will either agree or disagree with the judge’s ruling. If you disagree with the final order, you can file an administrative appeal. More information about your right to appeal will be included in the final order. You need to file your appeal within 30 days, unless you can show circumstances that prevented you from filing. To file an appeal, contact:
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