EEOC Discrimination Claim - What to KnowHarry Bernstein
April 29, 2009 — 2,822 views
The Act regarding Civil Rights passed in the year of 1964 states that EEOC(Equal Employment Opportunity Commission) should execute the legal matters regarding anti-discrimination. The EEOC, a federal agency, has authority to investigate and settle claims of illegal discrimination.
Filing an EEOC claim:
* Most of the states have individual agency for anti-discrimination issues. Go to the respective state government to determine if a local agency can assist you. * The deadline for filing complaints with the EEOC is 180 days starting from the act of discrimination. Sometimes, there are longer deadline if the state possess its own local inquiring agency. * You can file an EEOC claim by meeting in person, or by contacting through mail or phone with the number 1-800-669-4000. * You must provide your name, address and telephone number, and you must provide information on your employer. * Also give a concise description and the dates for the discrimination done against you. * Some points about EEOC claims: * You should furnish sufficient details to the EEOC for making an informed decision to proceed with the case. * More information is better. EEOC will judge as to which facts and events are important to your claim of discrimination. * You should include every text file that support your claim. * Also furnish other witness names and address who may be helpful. * If you wish to remain anonymous, you may not include your name while filing complaint. However, it may be impossible for the EEOC to investigate the claim without you revealing who you are.
After your claim is filed:
* After the EEOC receives your complaint, it will inquire the claim by contacting your employer, enquiring witnesses, visiting the jobsite, and looking the supporting information. * Your owner cannot take any action against you for filing a complaint or you assisting with the inquiry process of EEOC. This is known as "retaliation" and can subject the employer liable to additional punitive action. * If a local agency is present with anti-discrimination authority, the EEOC will not take any action for 60 days for allowing extra time for the agency for acting. In some cases, this time can be extended to as much as 300 days.
Resolution of your claim:
* If the EEOC determines the case really pertains to illegal discrimination, it asks for settling the issue between owner and worker, or the owner is sued in court. (In rare case it happens that the EEOC will sue employers. The EEOC doesn't have the resources to continually engage itself in lawsuits.) * A settlement will attempt to make the employee "whole." It may include front pay, back pay, promotion, reinstatement, reasonable accommodation, payment of employee's fees, and other sorts of remedies. * If the EEOC cannot determine if illegal discrimination occurred, or if settlement with the employer is not possible, it will dismiss the claim and issue "right to sue" notice, which gives the employee 90 days to sue the employer.
It is always best to contact EEOC soon if you come across any discrimination.