How to file a claim with the EEOC and what to expect afterwards

On Behalf of | Aug 27, 2021 | discrimination, retaliation

People in Denver deserve to be free from workplace discrimination. Those allegedly discriminated against may want to file a claim with the Equal Employment Opportunity Commission (EEOC) in an effort to pursue compensation for the damages they suffered. However, many people do not know how to file a claim or what to expect afterwards.

How to file a discrimination claim with the EEOC

There are a variety of ways you can file a discrimination claim with the EEOC.

  • You can file online using the EEOC Public Portal. To do so, you need to submit an online inquiry and attend an interview. This can help the EEOC decide if they can handle your claim.
  • You can file a claim in person at an EEOC office. To do so you will schedule an appointment over the Internet. Alternatively, you could attend a walk-in appointment. If you explain your situation in person, the EEOC staffer can determine whether you should officially file a claim.
  • The EEOC does not take charges via telephone. However, you can start the claims process through a telephone call. In the call, an EEOC staffer will determine if your claim is covered by federal law and give you information on the claims process.
  • You can file a claim by mail by writing a letter to the EEOC. The letter should contain your contact information, your employer’s contact information, how many workers are employed at your workplace and details of the alleged discrimination. Unsigned letters will not be investigated.

The EEOC wants to ensure that everyone who believes they have a legitimate discrimination claim has a means to file charges. Under federal law you have 180 calendar days to file a claim. If state or local laws or regulations prohibit discrimination on the same basis as federal law, then you have 300 calendar days to file a claim.

What happens after you file an EEOC claim?

After you file a claim, the EEOC has 10 days to notify your employer of the claim. Following that, mediation may be required. If mediation is unsuccessful in resolving the dispute, the EEOC will follow up with an investigation if the agency believes you might have a valid claim under federal law. If further acts of alleged discrimination occur while your claim is pending with the EEOC the EEOC can investigate these acts by “amending” the charge. Employers who do not follow the EEOC’s orders during the investigation can be administratively subpoenaed. The EEOC has 180 days to reach a decision on your claim. Finally, the EEOC determines your employer did not break the law, you can sue in federal court after you receive a Notice of Right to Sue from the EEOC. What is important to remember is that you have options to seek compensation if you are discriminated at work and were fired or otherwise retaliated against.

 

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