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The Equal Employment Opportunity CommisionBefore you can file a lawsuit based on job discrimination, it is necessary to file a Charge of Discrimination with the EEOC. Meeting with the employment law attorneys at Banik & Renner when you have experienced discrimination at work will help you to better understand the particular statutes that may have been violated by your employer. While not every employment discrimination issue requires a filing of a Charge of Discrimination, many do.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws pertaining to:
- Equal Pay/Compensation
- Genetic Information
- National Origin
- Sex and Sexual Harassment
The EEOC Process
- There are time limits for filing a Charge. Generally, it is necessary to file a Charge of Discrimination within 180 days from the date the discrimination took place
- If a state or local agency (for example the Elkhart or South Bend Human Rights Commission) enforces a similar law, that agency can file your Charge and the deadline is extended to 300 days from the date of the discrimination
- If a Charge of Discrimination is not timely filed, you lose your right to pursue any legal action against your employer
- When a Charge of Discrimination is filed with the EEOC, the EEOC will ask you (the Charging Party) and your employer (the Respondent) to participate in mediation www.eeoc.gov/eeoc/mediation/facts.cfm
- If both parties agree, mediation will be scheduled
- Mediation is a form of alternative dispute resolution that resolves disputes without the need for litigation. It is faster, more cost effective and confidential than litigation and saves time and money for all parties
- The mediator does not decide your Charge, nor does the mediator take one side or the other. The mediator helps each side see the other’s point of view in a non-adversarial setting
- A successful mediation might result in the payment of a settlement or severance agreement, reinstatement, placement in another plant or location, or other terms that are specific to the dispute
- Mediation results in settlement in approximately 70% of all cases mediated https://www.eeoc.gov/eeoc/mediation/facts.cfm
- If the mediation is successful, the Charge is dismissed
- If the mediation is not successful, the EEOC will conduct an investigation and issue a determination
- The EEOC will notify the parties of the decision and the employee (Charging Party) then has 90 days to file a lawsuit
- Failure to file a lawsuit within the 90 day statute will preclude the Charging party from taking any legal action for the discriminatory acts alleged in the Charge
If the mediation is successful, the Charge is dismissed. If it is not successful, the EEOC will assign an investigator. Your Charge will be investigated and a determination made as to whether or not discrimination occurred. The EEOC then will issue a Notice of Right to Sue. Whether or not the EEOC finds in your favor, you then have 90 days within which to file suit. You should contact Banik & Renner immediately upon receipt of the EEOC Notice of Right to Sue so that there is time to review your case to determine whether or not it is a case that the law firm would litigate.
Whether or not you have filed a Charge, are scheduled to mediate your Charge or if you have received a Notice of Right to Sue, contact the employment discrimination attorneys at Banik & Renner.
Understand the benefits and protections you are entitled to under the law. KNOWLEDGE IS POWER.
Why choose Banik & Renner?
- Individualized service with no assembly line representation
- The lawyer you meet with is the lawyer who represents you
- We are local attorneys who have practiced in the community since graduation from Notre Dame Law School three decades ago
- We attend seminars and remain current in our areas of practice
- We ask questions and we really listen to your answers to help you
- We will not “hard sell” you on our representation
- We explain your options in words you can understand or keep trying until you do
What do I need to do before meeting with an Attorney?
- Write down a list of all the events that have occurred related to your age discrimination issues at work including the date, who was involved and what happened
- If you have received warnings, write-ups or been placed on a performance plan, bring those documents with you
How do I contact Banik & Renner?Click here to contact us or call 574.293.7170 for more information or to schedule a CONSULTATION
I am not sure I am being discriminated against and don’t know what to do?
The Equal Employment Opportunity Commision Frequently Asked Questions
Meet with Banik & Renner, discrimination attorneys to discuss your work situation. We will explain the types of discrimination prohibited by law and discuss your particular circumstances. It is helpful to meet with an attorney before contacting the EEOC.
What if I am still employed, can I file a Charge of Discrimination?
Yes. Your employer cannot fire you for filing a Charge without risking a subsequent claim of retaliation. If you suffer any repercussions because you flied a Charge, you should immediately notify the EEOC and your attorney
Do I need an attorney to file a Charge of Discrimination with the EEOC?
No you do not. However, many clients engage us to assist with pre-filing organization of facts and documents, assist in providing additional documentation to your investigator in the course of the investigation and to be available when the EEOC makes a determination and the Notice of Right to Sue is issued.
I don’t really want to file a Charge of Discrimination or sue my employer, so why should I see an attorney?
Understanding the law will enable you to better stand up for yourself at work. If you do not know what is appropriate you do not know what to ask for or how to protect yourself from discrimination. We counsel clients regarding how to document events at work, how to speak with supervisors and human resources and how to deal with difficult co-workers. This all enables you to be better prepared if the situation does not improve and filing a Charge becomes necessary.
Do I have to pay the EEOC?
No. The services offered by the EEOC are at no cost to you. There is no fee for filing a Charge of Discrimination and no fee to participate in an EEOC sponsored mediation.
For additional information see: www.eeoc.gov