There aren’t many phrases in the English language that can have a sedative effect like “administrative process”. And we’re not here to tell you that there is anything exciting about filing paperwork with a federal agency. However, understanding the necessary steps to addressing discrimination in the workplace is crucial to mitigating risk and protecting your rights. A big part of that process is working with the EEOC.
What Is the EEOC?
EEOC stands for Equal Employment Opportunity Commission, a federal agency that deals with workplace discrimination. The EEOC investigates complaints of discrimination based on race, national origin, color, age, sex, pregnancy, religion, sexual harassment, retaliation, genetic information and other areas of violation. The idea is that the EEOC will act as a neutral outside party in evaluating the facts and circumstances of potential discrimination. The agency may then issue a recommendation or offer to mediate, but in the majority of cases it will simply remain neutral and clear an employee charging party to pursue further action through litigation.
Why Is This Important?
In order to pursue many claims of workplace discrimination under federal and state law, it is mandatory to first go through the EEOC process. That process begins with filing a Charge of Discrimination outlining the basic facts of the unlawful workplace activity. Basically, the EEOC then assigns an investigator to the case, who will reach out to both sides with requests for statements and relevant materials. Although an employee can technically file a charge with the EEOC on their own, we strongly recommend seeking out an experienced employment lawyer to assist and advise through the administrative process. An employee charging party will especially want to have an attorney in their corner if mediation is called. In the event the EEOC issues a Right To Sue letter at the conclusion of their investigation (which is a common outcome), the employee charging party will have just 90 days to file a lawsuit against the offending party. For more information on filing a charge, visit the EEOC’s website here.
For Employers
Employers ought to be aware of what they can do to mitigate risk. Among other things, all employees should be clearly advised of the internal process for issuing complaints. Supervisors should be trained to handle these complaints with care. Good-faith investigations should swiftly follow any employee complaints of harassment or discrimination. Workplace rules and procedures should be applied uniformly across the workforce regardless of rank or identity. Be aware that it is ultimately the responsibility of the employer to investigate complaints and substantively address them. Failing to do so leads to liability.
No matter what stage of the EEOC process you are in, we at Fernee Kelly Law are here to provide our expertise every step of the way. We can assist employees in drafting a Charge of Discrimination, advise on potential claims and discuss what options are in the here and now. We can assist employers with remaining compliant and navigating the EEOC process as a respondent.
– CJR for the firm