Los Angeles EEOC Lawyer

Why Filing with the EEOC is Crucial Before Pursuing an Employment Lawsuit

As an employee facing discrimination, harassment, or retaliation in the workplace, it’s understandable to feel frustrated and eager to take legal action immediately. However, before diving into a lawsuit, it’s essential to understand the crucial step of filing a charge with the Equal Employment Opportunity Commission (EEOC). Here are the top reasons you need to file an official complaint:

  1. Legal Requirement: In most cases, filing a charge with the EEOC is a legal prerequisite to filing a lawsuit for employment discrimination, harassment, or retaliation. Federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) require individuals to exhaust administrative remedies by filing with the EEOC before pursuing legal action in court.
  2. Preservation of Rights: Filing with the EEOC preserves your rights under federal anti-discrimination laws. It initiates the EEOC’s investigation process, which can uncover additional evidence to support your case. It’s crucial to adhere to the strict deadlines for filing with the EEOC to ensure that your legal rights are protected.
  3. Opportunity for Resolution: The EEOC encourages resolution through mediation and conciliation between employees and employers. By filing with the EEOC, you may have the opportunity to resolve your dispute without the need for protracted litigation. Mediation can often lead to faster and more cost-effective resolutions compared to going to court.
  4. Building a Stronger Case: Filing with the EEOC allows you and your attorney to gather important information and evidence to support your claims. The EEOC’s investigation process may uncover additional witnesses or documentation that strengthens your case. This information can be invaluable when proceeding to litigation.
  5. Access to Legal Counsel: Filing with the EEOC opens the door to legal representation. Once a charge is filed, you have the right to seek legal counsel to guide you through the process and advocate on your behalf. An experienced employment lawyer can provide invaluable support and expertise as you navigate the complexities of the legal system.

Hiring an Employment Lawyer that knows How to File the Complaint Properly Will Guarantee Success.

The Equal Employment Opportunity Commission (EEOC) protects workers throughout the United States who have faced unfair treatment on the job, but the reality is they only approve a small percentage of the complaints they receive that will move on to become lawsuits. One of the reasons is the complaint was filed incorrectly or did not demonstrate illegal behavior by the employer using the proper evidence. If you’re dealing with such issues, you should contact a workplace discrimination attorney that handles cases involving equal employment laws. A good EEOC lawyer can provide the necessary legal guidance beginning with the EEOC complaint process all the way to settlement, and even trial.

What Is the EEOC?

The Equal Employment Opportunity Commission (EEOC) is a federal government agency that enforces federal laws that make discrimination illegal. The EEOC accepts complaints regarding workplace discrimination and investigates those situations to determine if an employer violated a law.

Types of Discrimination the EEOC Handles

The EEOC investigates workplace discrimination at all levels of the employment process, including unfair hiring practices, compensation, promotions, benefits, and recruiting. If you’re denied an employment opportunity due to discrimination based on any protected class, you can file discrimination claims with the EEOC to handle the situation, and they will start the EEOC process and conduct an EEOC investigation.

Protected classes include:

Additionally, you are protected against harassment, including sexual harassment, and retaliation.

How to File an EEOC Inquiry

You might wonder: How do I file an EEOC complaint against my employer?

You can file an employment discrimination inquiry through the EEOC portal, called the EEOC Public Portal. The portal also allows you to schedule an intake interview.

The interview will take place with an EEOC staff member who will work to determine if your employer violated any federal discrimination laws. They will collect information from you and explain your rights and responsibilities.

They will also inform you about what will happen after you file a charge. You may then decide if you want to proceed with filing a charge of discrimination against your employer.

What Happens After You File an EEOC Charge of Discrimination?

After you file an EEOC discrimination charge, you will be contacted by an EEOC investigator. They will review all of the information you have and collect evidence from your employer as well. They may ask additional questions of both parties.

The EEOC will likely require you to attend mediation with your employer as part of the EEOC process. The goal of mediation is to reach an employment settlement agreement that is acceptable to both parties. If you cannot, then the EEOC will proceed with a determination about whether the employer violated the law based on the eeoc charges. A wage and hour lawyer can assist you with equal pay claims.

You will eventually have an option to file an EEOC lawsuit against your employer. It does not matter if the EEOC found that the employer violated the law during the eeoc investigation. You still have a right to file a lawsuit and take them to court to recover compensation for employment discrimination cases. An employment discrimination attorney in Los Angeles can guide you through this process.

Hire a Los Angeles EEOC Attorney

The EEOC is a federal agency that operates similarly to California state agencies. Thus, in many situations, you will file a state claim first. However, an EEOC complaint is always an option. To determine whether filing with the EEOC is in your best interest, you should contact a California employment lawyer.

Our legal professionals have litigated hundreds of employment law cases throughout California. We are here to guide you. Call Setyan Law today at (213) 618-3655 for a free consultation.

How an Employment Attorney in Los Angeles Can Help You

Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.

We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.

Please feel free to call us for a free consultation about your rights.