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EEOC Representation


EEOC Claims Attorneys

Dedicated Discrimination and Sexual Harassment Lawyers Providing EEOC Representation.

The Equal Employment Opportunity Commission (EEOC) oversees any employment discrimination issues that fall under federal law. Victims of employment discrimination and sexual harassment at work must file a charge with the EEOC before filing a claim in federal court.

Following the process can be complicated and confusing. It is best to work with lawyers who specialize in EEOC representation for Employment discrimination and sexual harassment claims. Your dedicated lawyer can help you follow the process of an EEOC claim, from its inception through the issuance of a Right to Sue letter, meeting all required deadlines.

Have you suffered discrimination or harassment in the workplace? Call For a free consultation at 800-8072209

What is the EEOC?

The Equal Employment Opportunity Commission enforces federal laws prohibiting employment discrimination and sexual harassment. You can bring harassment claims to the EEOC under federal employment discrimination and sexual harassment laws. These laws protect you from workplace discrimination or harassment based on the following protected classes:

You may also bring an EEOC charge if you were a victim of wrongful termination or other forms of retaliation. Retaliation can occur because you:

  • Filed a complaint with HR or upper management.
  • Were involved in a lawsuit.
  • Participated in an investigation.

Discrimination laws apply to various work-related activities, including hiring, firing, promotions, wages, training, benefits, and harassment.

What Laws Require EEOC Legal Representation?

Not all discrimination claims fall under the guidelines of the EEOC. However, the EEOC governs the following federal laws:

The EEOC also governs the Equal Payment Act (EPA). However, it is not mandated to file an EPA charge with the EEOC before filing a federal court complaint.

What Are the Requirements for an EEOC Claim?

Not all claims of discrimination or sexual harassment qualify for protection under federal discrimination laws. Therefore, you do not always need to file an EEOC charge. Here are the requirements to ensure your claim is suitable for an EEOC charge:
  • Your company must employ at least 15 people for most charges. The Age Discrimination in Employment Act (ADEA) requires a minimum of 20 employees.
  • The statute of limitations to file a claim in New Jersey, New York City, Philadelphia, Miami, and Los Angeles is 300 days.
  • The laws protect employees, job applicants, contractors, interns, temporary employees, former employees, and participants in training or apprentice programs.
  • The ADEA protects employees over the age of 40.

Consult with a firm qualified to provide EEOC attorney representation. Your lawyer can answer your questions regarding your potential claim.  Different EEOC coverages may apply to private employees, government employees, employment agencies, and labor unions.

If you are an employee and need representation in an employment law issue, contact us for a free review with an employment law attorney today.

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What Is the Process of an EEOC Claim?

Once you file a claim with the EEOC, the Commission invites both parties to mediation. If the mediation is unsuccessful, the EEOC investigates the charge. The EEOC has 180 days to investigate the claims and issue the results. The EEOC will attempt to bring both parties together in mediation to settle the case again after the investigation is complete. If the parties do not settle the case, the EEOC issues a Right to Sue Letter. This letter provides you a 90-day window to file your complaint in federal court.

How Do I Proceed with Filing My EEOC Charge?

First, let your harasser know the behavior is unwelcome, and it must end. Follow all employee procedures for filing a grievance, such as reporting a claim to the Human Resources department. Speak with an experienced employment discrimination and sexual harassment lawyer to proceed with your EEOC charge.

There are several ways to file your EEOC charge:

  • In-person at the nearest EEOC Office
  • Via USPS mail
  • In-person at a local Fair Employment Practices Office.
  • Most states provide reciprocal filing options. These options allow you to file a state charge, and a charge will automatically get filed with the EEOC.

You will need to provide your personal information and a description of the events which took place. You should provide dates and information about the company where the harassment occurred.

What Is EEOC Mediation?

Mediation is used to settle legal disputes between two or more parties. A third-party, certified mediator helps both sides come to a resolution to resolve your discrimination or harassment case efficiently. Mediation's benefits include:
  • Confidentiality. Mediation sessions and the resulting settlement agreements are confidential.
  • Timeliness. Mediation sessions can be completed in hours or days, rather than months of an EEOC investigation or even years a lawsuit can take. One mediation session typically lasts three to four hours.
  • Cost-effective. There is no charge to either party for attending mediation sessions. However, if you choose to have your attorney present, you must still pay their fees.
  • Control. You have more power over how mediation sessions proceed as opposed to an EEOC investigation or lawsuit. You can help design your own solution, rather than having a judge or EEOC official decide your fate.
  • Non-hostile. Since mediation is non-adversarial, you do not have to endure a battle against your employer or former employer. In fact, you do not even have to be in the same room as your employer during mediation sessions.

Mediation’s success is dependent on you and your employer’s willingness to resolve the charge quickly and effectively. Consult with your attorney during the process, so you fully understand your legal rights. Only your lawyer — not the mediator — can offer you legal advice.

EEOC attorney wants you to win

You’ve been through enough. Let the Derek Smith Law Group take over from here. For help filing an EEOC claim or discrimination lawsuit, contact us today. Stand up to your harasser and get the legal justice you deserve. Our EEOC lawyers offer a free consultation and if we accept your case we charge no fee unless we recover for you.

How Does EEOC Mediation Work?

Once you file a charge, the EEOC contacts you and your employer to see if both parties are interested in participating in voluntary mediation. If both parties agree, sessions are scheduled, and the charge is assigned to a trained and experienced mediator. You can bring your attorney if you choose. Successful mediation ends in a signed agreement enforceable in court.

Your claim proceeds to the investigation stage if:

  • Either party turns down the opportunity to meditate
  • Parties do not reach an agreement during mediation sessions.

Do not settle for less than you deserve. While mediation helps you and your employer reconcile differences amicably, stand your ground if you are being lowballed. A skilled employment discrimination lawyer can be your number one ally during the process.

EEOC attorney represents your best interests

If you’re confused about EEOC claims, deadlines, and if your situation applies, you are not alone. That’s why the Derek Smith Law Group patiently works with every client that walks through our doors, taking the time to explain your legal rights and options. Don’t be afraid to contact us today. You deserve to get your life back.

Put Our Employment Discrimination and Sexual Harassment Claims Attorney To Work For You

The EEOC attorneys at the Derek Smith Law Group is devoted to righting the wrongs done to sexual harassment victims in and around New York, New Jersey, Philadelphia, Los Angeles, and Miami. Don’t try to go it alone — we are here to help, and walk you through this difficult time. Contact us today to learn more about our services.

Contact us today to learn about how we can provide you with EEOC legal representation.

Did You Experience Employer Retaliation, Sexual Harassment, Employment Discrimination, or Wrongful Termination at Work? Do You Want to Know More About Filing Your EEOC Charge? Call Us at 800.807.2209 or Email us at with Your Questions.

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