The Letter of Determination from the EEOC is the Last Step Before Receiving a Notice of the Right to Sue.
A letter of determination is the last piece of an EEOC investigation. It provides an outcome for your EEOC charge. The Letter of Determination says the EEOC found evidence to support your employment discrimination or sexual harassment charge you filed with the EEOC. From there, you can choose to mediate your charge with the EEOC or file your complaint in federal court.
An experienced EEOC representation attorney can guide you throughout the entire EEOC filing process through receipt of the Letter of Determination. He can help you decide the best course of action for your case and represent your interests in mediation or litigation.
What Can You Expect When You File Your EEOC Charge?
The First Mediation Offer
Within ten days of filing your charge with the EEOC, you and your employer will receive a mediation offer. Should you choose to accept this offer, you can try to settle the disagreement with your employer with an appointed mediator. However, if you reject the offer or the mediation does not work, the EEOC will conduct a full investigation of your employment discrimination or sexual harassment charge. The investigation will include witness interviews, visits to the workplace, review of documents, and fact-finding.
The EEOC Determination
When the EEOC investigation is complete, they make a determination. If the EEOC finds no evidence of discrimination, you will receive a letter dismissing your charge.
However, if evidence is found to support your charge, the EEOC will issue a Letter of Determination. This letter is the last attempt from the EEOC to try to mediate your claim. You and your employer will be invited to sit with a mediator and try to reach an agreement (conciliation).
If an agreement is reached, you and your employer will sign it. It will be submitted as an enforceable legal document. If no agreement is reached, the EEOC will issue a Notice of the Right to Sue. This letter allows you to file your claim in federal court.
Does the Letter of Determination Give Me the Right to File My Complaint in Federal Court?
A letter of determination means the EEOC found evidence to support your claim of employment discrimination and sexual harassment. However, it does not automatically give you the right to file a federal court complaint. The letter of determination offers you an opportunity for conciliation (a specific form of EEOC mediation). If you refuse to enter the mediation or it does not result in a settlement, then the EEOC will issue a Notice of the Right to Sue.
The Notice of the Right to Sue allows you to file a federal court complaint with 90 days of receipt.
Will I Need a Lawyer to Help Me with My EEOC Charge?
The entire process of filing an EEOC charge, accepting or rejecting mediation, and the investigation are legal processes. While you are welcome to represent yourself, it is not recommended. There are intricate parts to this process. If you are unfamiliar with the process and how it affects you, you may sign away your rights or short yourself proper compensation.
It is best to consult an attorney immediately before filing your charge with the EEOC. Your employment attorney can guide you through the entire process. When it is time to decide whether to mediate your claim, your attorney can represent you and make sure you do not give away your rights.
Signing a legally enforceable document should never be taken lightly. Your attorney will make sure you are signing a fair and just conclusion. Otherwise, your employer, who likely has an attorney through the process, may take full advantage of you and your lack of representation.
Contact Our Experienced Employment Discrimination and Sexual Harassment Attorneys for Your Free Consultation
If you are the victim of employment discrimination or sexual harassment, you can file an EEOC charge to seek justice. The experienced employment lawyers at the Derek Smith Law Group can help.
Were you a Victim of Employment Discrimination or Sexual Harassment? Are You Waiting for a Letter of Determination from the EEOC Regarding Your Charge? Please Call Us at 800.807.2209 to Learn More About Your Rights.