An EEOC Investigation Can Last Up to Ten Months Before the EEOC Issues a Notice of the Right to Sue.
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.
What Is the Time Limit to File an EEOC Claim?
What Laws Does the EEOC Oversee?
The laws allowing 180 days to 300 days to file your claim include:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act Amendments Act (ADAAA)
- The Age Discrimination in Employment Act (ADEA)
- The Pregnancy Discrimination Act (PDA)
- Title 102 and 103 of the Civil Rights Act of 1991
- Title 501 and 5050 of the Rehabilitation Act of 1973
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
The Equal Pay Act
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.
How Long Will an EEOC Investigation Last?
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.
What Happens After the EEOC Resolves the Investigation?
The EEOC has three options when they complete the investigation.
- The EEOC will find nothing to show any reasonable cause of discrimination or sexual harassment. They will issue a Dismissal and Notice of Rights which lets the employee know they can file a complaint in federal court within 90 days of receipt of the letter.
- The EEOC will find cause for discrimination. They will issue a Letter of Determination, which invites both parties to join the EEOC in a process known as conciliation. Conciliation is a mediation between both parties.
- If the conciliation is unsuccessful or either party refuses to participate, the EECO will issue a Notice of the Right to Sue. The Notice of the Right to Sue gives you 90 days to file a lawsuit in federal court.
Our EEOC Representation Attorneys Can Help You During the Investigation Process.
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.
Contact Our EEOC Representation Attorneys for Your Free Consultation
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.