The Equal Employment Opportunity Commission (EEOC) has remained open despite the government shutdown in the beginning of October, hearing complaints of workplace discrimination from employees nationwide. This fact was relevant to victims of discrimination who had not yet filed a complaint with the EEOC about an employer’s discriminatory conduct — even though the 180-day statute of limitations was about to elapse.
The EEOC’s Shutdown Contingency Plan affected many people who were sitting on their rights. As a worker facing discrimination, you should know that filing a complaint with the EEOC is a prerequisite to filing a lawsuit in open court. You have only 180 days from the date of the last discriminatory act to make the requisite filing. Your complaint gives the EEOC the authority to investigate the allegation and notify the employer of the charge. At that point, the EEOC can make a determination:
- If the EEOC finds that discrimination occurred, the EEOC asks the employer to remedy the situation through a process known as conciliation. If conciliation fails, the EEOC sues the employer in federal court on behalf of the victim.
- If the EEOC cannot make a finding, it issues a right-to-sue letter that allows the employee to retain an experienced workplace discrimination lawyer who can sue the employer in open court over the alleged discrimination.
- 5 Signs to Identify Child Sexual Abuse - October 13, 2020
- New York State Employees Are Entitled to Paid Sick Leave - October 9, 2020
- How to Get Paid for Your Commute - October 1, 2020
- How Employees Can Take Paid Leave While Schools Are Closed - September 14, 2020
- George Floyd’s Death Opens Communications About Race at Work - June 19, 2020
- Is Your Employer Using Coronavirus Firings to Discriminate? - April 9, 2020
- “Uber Black” Drivers May Be Entitled to Millions in Unpaid Employee Wages - April 7, 2020
- Employee Rights When Laid Off Due to Coronavirus - April 2, 2020
- Healthcare Workers’ Rights When Fired or Forced to Quit for Objecting to Work Conditions While Treating Coronavirus Patients - April 1, 2020
- How Can I Get Paid When I Can’t Work Due to Coronavirus? - March 30, 2020