Filing an Employment Discrimination Claim

The decision to file an employment discrimination can be a difficult one. With so many applicable laws and regulations, it can be overwhelming. Hiring our firm can be a smart move to help you understand your rights, navigate the processes and set you on a course toward a satisfying conclusion.

• Private Sector Employees. Private sector employers are prohibited from discriminating against their employees. However, their effort to establish internal procedures vary greatly; some have detailed complaint procedures while others have little or none. In most instances, the process is initiated by filing a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC requires claims to be filed within 180 days. If the incident occurred in a state that has enacted laws dealing with the same issue, the EEOC deadline is extended to 300 days. Either way, timeliness is important. The EEOC calculates filing deadlines based on the earliest date the employee was notified of the employer’s conduct. This can make a difference, since employers often give notice of termination or other action weeks in advance. Following its investigation, if the EEOC finds discrimination did occur, it will work with both parties to attempt a settlement. If unsuccessful, the agency will either file a lawsuit on the employee’s behalf, or issue a “right to sue” letter authorizing the employee to file suit in federal court. If the EEOC’s investigation leads it to find that discrimination did not occur, it will still issue the right to sue letter to the employee. If an attorney has not yet been retained, the employee will want to do so immediately, as the EEOC’s right to sue letter triggers a 90-day time requirement for filing a lawsuit.

• Government Employees. Federal employees are protected by regulations implemented and enforced by the EEOC. Federal employees are usually required to initiate a workplace discrimination complaint internally before proceeding to federal court, by first contacting an EEO Counselor within 45 days of the alleged discriminatory action and attempting to informally resolve the issue through counseling or alternative dispute resolution (ADR). If the complaint is not informally resolved, the employee has 15 days from notification by the EEO Counselor to file a formal complaint. If the formal complaint is procedurally sound, the employing federal agency must conduct an investigation. The federal requirement to conduct an investigation is a big advantage; employees in the private sector may not receive an investigation. After the investigation, the employee has the option of requesting a hearing before an EEOC Administrative Judge or a decision issued by the employing agency. Employees at state and local entities have similar complaint processes at their disposal, though those processes may have subtle differences in reporting requirements, filing dates, investigations and adjudication authority. Our firm can help you analyze your investigative results, file your formal complaint and provide aggressive representation before the EEOC.

• Non-Litigious resolutions. It is possible to resolve your claim short of litigation. Our firm can provide representation of your interests in negotiating with your employer, recognizing that in a vast majority of cases, a non-litigious resolution is in the best interests of all concerned.

• Remedies. For those who meet all procedural requirements and successfully prove their case in court, many remedies are available. These can include hiring, reinstatement, promotion, or special accommodation, as well as back pay, attorney fees, court costs, and other monetary awards.