When an employee files a discrimination complaint with the Equal Employment Opportunity Commission (EEOC), the employer receives a notice from the agency.
The case can be handled in these ways:
1. The EEOC will evaluate the evidence presented along with the formal letter of complaint. If the facts and evidence are sufficient, the EEOC will schedule an investigation.
2. The EEOC can arrange an early mediation for both parties. If the negotiation fails, the EEOC will continue its investigation.
3. The EEOC can conduct the investigation by: writing a request for information, screening documents, interviewing people, inspecting the workplace or area where the discrimination occurred. The EEOC can set a meeting with the complainant and the employer to discuss the gathered evidence.
4. If one of the parties agrees to make a settlement on the case, the EEOC will prepare a mediation program to serve as an alternative to a likely lengthy court procedure. The EEOC can help both parties to come up with an amiable agreement on the matter, implement resolution, or determine damages.
5. The EEOC will ensure that the mediation will remain voluntary and confidential.
6. If the EEOC investigation concludes that the allegations showed no sufficient evidence to prove a violation of law, the case can be dismissed. Likewise, such decision can be a result of lack of available documents or witness statements to substantiate the case.
7. When the EEOC dismisses the complaint, then the plaintiff can file a formal lawsuit within 90 days upon receiving the notice.
1. If the complainant has proved that a discrimination law was violated, the EEOC will ask the employer to implement remedy or offer damages.
2. The EEOC can serve as a facilitator in determining correct remedy or fair settlement amount.
3. If the case is properly conciliated, the complainant may agree not to pursue further legal action.
4. If the complainant is not satisfied with the result of EEOC investigation and the mediation process, the complainant can request for a "right to sue" letter. Civil Rights Act Title VII allows employees to file discrimination lawsuits against discrimination acts of employers.
5. The employee can file a discrimination lawsuit within two years from the date of employer violation.
Examples of employer violation can be:
1. Violation of Equal Pay Act. The employer refuses to give fair wages on the basis of race, age, gender, or disability.
2. Sexual harassment, gender or age discrimination
3. Failure to provide reasonable accommodation or fair benefits for employees with disabilities
Consult with an EEOC lawyer in Los Angeles to help you file the lawsuit.
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