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As a victim of employment discrimination or sexual harassment in the workplace, you have the right to file an employment discrimination or sexual harassment charge with the Equal Employment Opportunity Commission (EEOC). However, after the charge is filed, the real EEOC investigation begins.
The investigation can include inquiries, requests for mediation, and requests for more information. You need a qualified EEOC representation attorney to guide you through the process, from the initial filing to the conclusion of your trial or settlement process.
The EEOC must contact your employer regarding the charge within ten days of receipt of your charge. The EEOC will also create an account for you and your employer to access the charge of employment discrimination or sexual harassment through the EEOC public portal. Logging into this public portal allows you to follow the charge through the stages of the investigation. It also allows you to:
The EEOC has ten days to review your initial charge of discrimination or harassment. Within ten days, EEOC may dismiss the charge:
If the charge is not dismissed, The EEOC will send your employer notice. The EEOC will ask you and your employer to participate in a mediation program.
The mediation program is a formal process. You and your employer can choose to sit with a qualified mediator to reach a voluntary settlement prior to the EEOC investigation getting underway.
You and your employer can discuss your concerns with the mediator. The mediator is like a counselor, not a judge. Therefore, you and your employer can work towards an agreement and what you decide is the final decision. The mediator will not offer a decision.
It is best to work with a qualified EEOC representation attorney to ensure you do not forfeit any of your rights or compensation in mediation.
Mediation is not for everyone. It is not unusual for you or your employer to deny mediation. It is also not unusual for it to not work in your case. If mediation is unsuccessful or denied, you must move to the next step in the EEOC process (the investigation).
To start the investigation, your employer is asked to provide a written statement of the facts, according to him. This statement is known as the ‘Respondent’s Position Statement,” which you can see in the public portal. You can also submit your answer through the public portal.
You are given 20 days to respond to this position statement. At the same time, your employer may be asked to provide answers to the claims in your charge.
The EEOC investigation may take up to ten months. During this time, the EEOC may:
If for some reason, your employer refuses to cooperate with the EEOC’s requests for information, the EEOC maintains the right to issue administrative subpoenas to obtain the necessary information.
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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
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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
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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
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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At the end of the investigation, the EEOC will issue a decision. If the EEOC sees validity to your charge, it will provide you with a Notice of Right to Sue. This letter allows you to file your formal discrimination or sexual harassment complaint in federal court. If the investigation takes more than 180 days, you have the right to request a Notice of Right to Sue and bring your case to federal court, even if the investigation is incomplete.
You can add additional information to your EEOC charge after filing. If a new discrimination or harassment event occurs, you may add it to your charge. This added information will become part of the EEOC investigation.
In some cases, the EEOC may advise you to file a new charge for the new claims of employment discrimination or sexual harassment. This request occurs when the new claim’s details do not match the details of the original claim. Either way, your employer will receive notifications of an amended charge or new charge, and additional investigations will begin.
Filing your charge with the EEOC requires knowledge of both employment discrimination and sexual harassment laws and the EEOC process. A qualified employment lawyer specializing in EEOC representation can help ensure your employment discrimination or sexual harassment charge gets filed within the proper time limit and meet the proper criteria. Your attorney can guide you through the mediation process, answering inquiries and submitting the requested information. Your attorney will help you throughout the entire EEOC investigation and resulting lawsuit.
You have a right to work in an environment free from employment discrimination and sexual harassment. If your employer violates these rights, you have the right to seek justice. Filing a claim with the EEOC is a process towards justice that can be difficult and confusing to navigate. If you are the victim of employment discrimination, the experienced employment discrimination and sexual harassment at the Derek Smith Law Group can help.
Did You Experience Employment Discrimination or Sexual Harassment at Work? You May Need to File an EEOC Charge to Move Forward with Your Quest for Justice. Please Contact Us at 800.807.2209 to Learn More About Your Rights.
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