Legal Process

We live in a society that has many rules, regulations, and laws that we must abide by. When these rules, regulations, and laws are broken or violated, we can take action to seek justice or restitution. However, there are specific guidelines and processes that must be followed. Discussed and explained here will be the legal process in filing a discrimination complaint against an employer.

According to the Equal Employment Opportunity Commission (EEOC), "Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity." So, in fact, the first step in the legal process is to file with the local EEOC office. This does not necessarily have to be in person. The complaint can be mailed to the local office. The correct information to file the complaint is obviously the complainants name, address, and phone number. The name, address, and phone number of the employer that has allegedly discriminated against the complainant. A description of the event that the complainant believes violated his or her rights and finally, the date the violation occurred.

There is a strict time frame in which one has to file a complaint. The limits as stated on the EEOC website are, "A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law." There are exceptions to this time frame when the claim involves the Equal Pay Act. It is always best to immediately notify the EEOC when you feel discriminated against. This will not only protect your legal rights, but eliminate any timing issues.

Once the complaint is filed with EEOC, the employer is notified that the charge has been filed. It is determined at this point whether a violation has occurred and a thorough investigation is needed. If it is determined that an investigation is needed, the EEOC will conduct its research. Written requests for information, conducting interviews with various people, and reviewing documents are all focused on in the investigation. At any time, the charging party and the employer can express an interest in settlement. If these efforts to settle are not successful, the investigation continues. Upon completion of the investigation, EEOC will discuss the evidence with the charging party or employer, as appropriate.

The evidence will show whether discrimination has occurred or discrimination has not occurred. According to the EEOC website, "If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf." On the other hand, if the evidence establishes that discrimination has occurred, both parties are informed in a letter of determination. This letter explains what the EEOC