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The Equal Employment Opportunity Commission (EEOC) is the federal agency that handles employment discrimination and sexual harassment charges. Once you file a charge with the EEOC, they will investigate whether your claim passes the criteria to file a lawsuit in federal court. The investigation may last as long as ten months to complete.
During the investigation, you may need a qualified EEOC representation attorney to help answer inquiries, handle requests for mediation, and respond to any comments or requests from the EEOC. The employment lawyers at the Derek Smith Law Group have helped clients navigate EEOC investigations in New York City, Philadelphia, Miami, Los Angeles, and New Jersey for over 25 years.
As a victim of discrimination in the workplace, you have the right to compensation. The first step towards compensation is to file a charge with the EEOC.
For most employment discrimination and sexual harassment claims, you have a time limit of 180 days to file your charge with the EEOC.
If you live in a state with a similar state law as the federal law for your claim, you are given 300 days to file your lawsuit.
The laws allowing 180 days to 300 days to file your claim include:
The Equal Pay Act of 1963 (EPA) sets a different timeline for filing a claim. First, you are not required to file a charge with the EEOC under the EPA. You may file a claim directly with the court.
The EPA allows you two years from the date of your last incorrect paycheck to file your claim with either the court or the EEOC. If the discrimination is intentional, you have three years from the date of the last incorrect paycheck to file your claim.
The investigation process of the EEOC is layered. It begins with interviewing you when you file your charge. Then, your employer is notified of your charge and interviewed. From there, you are offered a chance to mediate your charge. This offer is made within ten days of filing the charge.
If you do not mediate the charge, your employer must file a written answer to the charge. You then have 20 days from receiving the answer to respond.
The EEOC may take up to 10 months to investigate the claim. However, after 180 days, you have the right to request a Notice of the Right to Sue and take your complaint to court.
If you have a case of age discrimination, you have the right to file a lawsuit in federal court sixty days after you file an EEOC charge, even if the investigation is not complete.
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View All TestimonialsOlivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial
Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial
I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂
Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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The EEOC has three options when they complete the investigation.
The EEOC process and investigation can be nerve-wracking. During The process, your attorney can advise you regarding mediation, conciliation, and responding to any inquiries the EEOC sends your way. They can also answer your questions regarding the process, the statute of limitations, and the investigation outcomes.
Once the EEOC completes the investigation, it is best to have your attorney ready to file your complaint in federal court as soon as possible, considering you only have 90 days to file it. You should not waste that precious time trying to find an attorney to file your complaint. Instead, you should have a trusted employment lawyer by your side, ready to complete the process.
An EEOC investigation can take up to 10 months. However, as soon as the EEOC completes the process, you need to be ready to file your federal court complaint.
If you are ready to file your EEOC charge, the experienced EEOC representation lawyers at the Derek Smith Law Group can help.
Did You File an EEOC Charge for Discrimination or Sexual Harassment at Work? Are You Waiting for the Results of the Completed Investigation? Please Call Us at 800.807.2209 to Learn More About the EEOC Process and Your Rights.
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