In the United States, there are strict federal laws designed to prevent job discrimination. These laws ensure that every employee and job applicant is treated fairly, regardless of their race, color, sex, age (for those 40 or older), religion, national origin, or disability. It’s also important to know that these protections extend to individuals who have either complained about discrimination or participated in an investigation into employment discrimination. This guide aims to demystify the process of what to do if you believe your rights have been violated by an employer.
The Role of the U.S. Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission, commonly referred to as the EEOC, is the federal agency charged with enforcing the laws that make job discrimination illegal. If you feel that you have been discriminated against at work, the EEOC is there to help guide you through the process of making a complaint.
The EEOC Charge Process: A Step-by-Step Guide
If you believe that your employer has violated your legal rights, the first step is to initiate the EEOC charge process. This process is your pathway to seeking justice and can be broken down into four main stages, allowing both you and your employer to present your sides of the story.
Step 1: Understanding EEOC Deadlines
The EEOC operates within specific time frames, and itโs crucial to be aware of these deadlines. Typically, you must file a charge within 180 days of the discriminatory act. However, there are circumstances under which this deadline can be extended. Due to the importance of these deadlines, consulting with a lawyer early on can be very beneficial.
Step 2: Filing Your Charge
Filing your charge is the official way of informing the EEOC about the discrimination. It’s the starting point of your journey towards seeking justice.
Step 3: Obtaining a “Right-to-Sue” Letter
To take legal action against your employer, you need a “right-to-sue” letter from the EEOC. This Notice-of-Right-to-Sue is crucial because it officially allows you to pursue your case in a court of law. Without this letter, you cannot file a lawsuit against your employer for the discrimination you faced.
Step 4: The Countdown to File a Lawsuit
Once you have the “right-to-sue” letter in hand, the clock starts ticking. Generally, you have 90 days from the day you receive the notice to file a lawsuit. It’s important to note that, in certain situations, it might be possible to get an extension on this deadline. Consulting with a lawyer can provide you with the information you need regarding these critical time limits.
Examples to Illustrate the Process
Consider Jane, who faced age discrimination at her workplace when she was overlooked for a promotion in favor of a much younger, less experienced colleague. Jane decided to take action by filing a charge with the EEOC within the 180-day period. After the investigation, she received her Notice-of-Right-to-Sue and, with the help of her lawyer, filed a lawsuit against her employer within the 90-day limit.
Or, take the case of Alex, who was subjected to harassment at work due to his national origin. Alex promptly filed a charge with the EEOC, participated in the investigation, and upon receiving his right-to-sue letter, successfully pursued a lawsuit against his employer.
Final Thoughts
The process of dealing with employment discrimination can feel overwhelming, but understanding your rights and the steps to take can empower you to act. The EEOC charge process is there to facilitate your pursuit of justice. Always remember, consulting with a legal professional can provide you with the guidance you need to navigate these waters successfully.
J. Horowitz leverages over two decades of experience as a seasoned employment law attorney in Arizona to offer insightful freelance writing on the same subject. After a successful career advocating for fairness and justice in the workplace, J. now dedicates his expertise to writing comprehensive articles, blog posts, and thought leadership pieces that illuminate the complexities of employment law.