Employees who believe they have been discriminated against due to race, color, religion, sex, national origin, age or disability should file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) to preserve their rights and begin the required administrative process necessary to file a lawsuit. The process we will highlight below pertains specifically to nongovernment employees.
Maloney Law & Associates, PLLC, in Charlotte, North Carolina, can guide you through the process of filing a discrimination claim with the EEOC. If you were discriminated against at work and need guidance about your next steps, call us locally at 704-323-8961 or toll free at 888-321-1955 to arrange a consultation.
- A charge of discrimination must be filed with the EEOC before you can file a lawsuit against your employer. It must be filed within 180 days of the date of the adverse action taken against you.
- It is helpful to have an attorney from our law firm involved before you file your charge of discrimination so we can ensure that you do not miss any deadlines and that all of the pertinent information is relayed in your charge.
- If all of the parties agree, your case may go to mediation, which is an informal method for resolving disputes by using a third-party neutral mediator.
- If you do not go to mediation or if the dispute is not resolved at mediation, your charge will go to investigation.
- It can take many months to investigate your charge. It is rare that the EEOC finds cause, which can be frustrating. The EEOC's failure to find cause does not prevent you from filing a lawsuit.
- If no violation is found, the EEOC will file a notice of right to sue. You cannot file a lawsuit for a discrimination claim in federal court until you receive the right to sue letter.
- You have only 90 days from the date you receive your right to sue letter to file a complaint for those claims. Time is of the essence — you should request a copy of your files as soon as you receive your right to sue letter ( EEOC FOIA Request Q & A). Once you have obtained your file, an attorney will be better able to analyze the strengths and weaknesses of your case.
Questions About The EEOC Process? Contact Us For More Information.
An attorney from Maloney Law & Associates, PLLC, can advise you on the steps involved in the process of filing a discrimination claim with the EEOC. To schedule your consultation, call us locally at 704-323-8961 or toll free at 888-321-1955. You can also contact us online.