The Equal Employment Opportunity Commission (EEOC) enforces laws against discrimination under the Federal Civil Rights Act, originally passed in 1964. The EEOC is a government agency that has the power to analyze charges and claims related to cases of illegal discrimination, as well as reach initial judgments in these matters.
The following are the steps you will need to take to file your EEOC charge
- First, you should contact your state’s civil rights commission and see if they can be of assistance. Your answer will generally depend on the specific regulations in your state.
- The statute of limitations is extremely short compared to other claims, and you must file your claim within 180 days of the alleged discriminatory act.
- You can file your charge online, by phone, or in person at the EEOC office closest to where you live. You will usually find an office open in most large cities.
- Your claim or charge must include your name, address and telephone number. You should also provide details about your employer, the alleged discrimination, and provide as much detail as possible.
Other points to consider when filing an EEOC claim or charge:
- Be clear and concise when describing the alleged discriminatory facts and acts.
- Attach all required documents to prove your complaint.
- Provide witness information if possible.
- You can remain anonymous by not getting your name on the complaint, but this is not recommended and may result in your charge being denied.
Post-collection procedures:
- Once your charge has been filed, the EEOC will begin the investigative process with the information you have provided. They will contact the parties listed in the charge, review documents and materials, and gather information from third parties to investigate your charge.
- During the investigation, your employer is prohibited from taking any action against you. This could be considered retaliation for filing the charge and may result in additional fees and penalties.
Resolving your charge:
- In some cases, when the EEOC finds merit to the charges, it may attempt to mediate with all parties to reach a mutual agreement.
- In other cases, the EEOC may rule in favor of the charging party and allow them to pursue their claim in court or pursue the matter for you.
- If they do not find that the facts justify a finding of discrimination, they will inform you of their decision and issue you a “right to sue” letter. You will then have 90 days to file a lawsuit in Federal Court.
Ultimately, federal and state anti-discrimination laws are somewhat complex, and it is probably in your best interest to contact an attorney with experience in these matters.