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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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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.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.