What to expect from the EEOC Process

Are you experiencing something on your job that you feel you should report to the

EEOC? Or have you already contacted the EEOC and an investigator wants to set up an

interview? In this article we will discuss what you can expect as you navigate the EEOC.

Background

Typically, before you can sue your employer in court, you need to go through the EEOC

process. The first thing you need to realize is that the EEOC is slow. And I mean very slow. I have seen cases take more than 12 months to get through. One reason for the delay is that the EEOC is supposed to be run by five Commissioners but right now there are only three. Next, you need to understand that the EEOC is not a champion of victim’s rights crusading against workplace discrimination. All the EEOC Commissioners are chosen by the President. So, the reality is that the EEOC is going to prioritize certain cases over others.

Getting Started

If you do not have a lawyer and you contact the EEOC online, you will need to create a

profile and sign into the EEOC’s portal. You will answer some preliminary questions including your state and what form of discrimination you faced (age, race, religion, etc.) and then you will submit an Inquiry. After that, you can book an appointment for a telephone interview with an EEOC representative. During the interview, the representative will ask you several questions about your case.

After the interview, the EEOC will ask you additional written questions. If the EEOC

believes that your situation is covered by its laws, it will prepare a Charge of Discrimination for you. You will need to read the Charge and make sure it’s accurate, sign it, and then submit it to the EEOC. Once you submit the Charge, the EEOC will contact your employer to make them aware and give them an opportunity to respond to your Charge.

Your Employer’s Position Statement

The employer’s response is called a Position Statement. Be ready, because in its Position

Statement, your employer will probably deny everything and blame you for what happened—this is typical. You will get a chance to submit a response to your employer’s Position Statement.

Mediation

After receiving the employer’s Position Statement, the EEOC will ask you and your

employer if you would like to attend mediation in an attempt to resolve the dispute. The EEOC mediators are actually highly skilled and helpful plus the process is free but your employer must agree to participate—it’s not mandatory.

The EEOC Investigation

If you do not resolve the case at mediation, the EEOC may ask you for more documents

to support your case. The EEOC may also reach out to witnesses and ask your employer for additional documents. Either way, the EEOC has 180 days to investigate your charge from the date it is filed (unless your charge is based on age discrimination, then you can file a lawsuit 60 days after filing your charge). After 180 days, you can request a Notice of Right to Sue which will allow you to sue your employer in court.

Call Us Today

If you are considering the EEOC process or if you’ve already started, an experienced

attorney can navigate the EEOC on your behalf. Call Squires Legal Group for a free

consultation, we can advise you during these difficult times. Got fired? Call Squires!