Got Trouble? We can help.

Claim procedure

If a worker thinks he has been illegally discriminated against or harassed, he may: 1) complain directly to the employer, 2) file a charge with the federal Equal Employment Opportunity Commission ("EEOC"), and 3) sue the employer.

• Complaints to an employer
• Charges against an employer with the EEOC
• How long does my employee have to file the claim?
• EEOC procedures
• A lawsuit against the employer
• Retaliation

Complaints to an employer

The first step a worker usually takes in a discrimination case is to complain to your employer. If you receive a complaint of discrimination or harassment, you have a legal obligation to investigate the complaint. Hopefully, your investigation will fix the problem. If not, the worker might consider taking the next step: filing a charge with the EEOC.

Charges against an employer with the EEOC

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces federal anti-discrimination laws. The EEOC investigates complaints and punishes employers who violate those laws. An employee who has been the victim of discrimination must file a discrimination claim with the EEOC before filing a lawsuit against you in court.

Many states have their own agencies that enforce state discrimination laws. The employee might choose to file his or her claim with the state agency to make sure he or she is covered by the state's laws. In many states, the employee can also ask the EEOC to "cross-file" his complaint with your state agency.

How long does my employee have to file the claim?

The deadline for filing a charge with the EEOC depends on where your business is. In some states it is 180 days after the alleged discrimination. In other states it is 300 days from the alleged discrimination. For many people, the alleged act of discrimination might be their termination. For others, it is the date of demotion, suspension or other bad treatment.

Some state agencies have longer time limits. So an employee who "missed the deadline" for filing a claim with the EEOC might still be able to file with the state's discrimination agency.

EEOC procedures

After an employee files a charge, the EEOC generally conducts an investigation. It begins by sending you a notice saying that a worker has complained of discrimination and asking for a response. You should consider contacting an attorney to assist you in providing a response to the EEOC. After the EEOC receives your response, it may decide to interview witnesses and subpoena documents from your company.

When the EEOC finishes its investigation, it will decide whether any discrimination actually happened. If it decides that you violated the law, it will try to get the parties to settle the case. There are many "remedies" for the worker that might be included in the settlement. For example, the settlement could include reinstatement of a fired employee to the former job, "back pay" for the time the employee was away from work, a requirement that you provide discrimination prevention training for your company employees, or even a requirement that you provide the employee with a letter of recommendation in case the employee decides not to return to work for your company. If the case doesn't settle, the EEOC will likely give the employee a "right-to-sue" letter. The worker may then file a lawsuit against your company.

If the EEOC decides that you have not broken any anti-discrimination laws, it will still send the worker a right-to-sue letter. If the worker does file a lawsuit, the court might be persuaded by the EEOC's view of the case, but the worker will not lose automatically just because the EEOC did not think there was discrimination.

A worker who is in a hurry to get to court can request a right-to-sue letter any time before the EEOC makes its decision. This will close the worker's EEOC case and he or she will be free to file a lawsuit.

After a worker receives a "right to sue" letter, the clock starts ticking on the time limit to file a lawsuit.