How to File an EEOC Claim Against My Employer?

The EEOC lawyers at Setyan Law have a deep understanding of the law and agency process. They can help you succeed with an Equal Employment Opportunity Commission claim.

The Equal Employment Opportunity Commission is a federal agency that protects individuals who have faced discrimination, harassment, and retaliation in most employment situations. However, the laws that they enforce can be complicated and the complaint filing process must be followed precisely to prevent delay in your claim. The knowledgeable Los Angeles employment lawyers at Setyan Law can guide you through the process.

Who Can File an EEOC Complaint?

Any person who has been discriminated against at work may file a job discrimination complaint with the Equal Employment Opportunity Commission (EEOC). This includes applicants who have not yet been hired, employees, and former employees. Workers may be full-time, part-time, seasonal, or temporary.

Additionally, there is no citizenship requirement for EEOC protection. Even undocumented workers have a right to a workplace free from discrimination, harassment, and retaliation.

How Do I File an EEOC Complaint?

You can file a complaint with the EEOC online, in person at an EEOC office, by telephone, or by mail. When you file your EEOC complaint, you should have the following information readily available:

  • The name and contact information of the person or employer you are filing the complaint against
  • Your own name, address, and telephone number
  • A concise description of the events that are wrongful or illegal
  • The dates on which the wrongful events occurred

Time Limits for Filing an EEOC Claim

There are strict deadlines within which you must file a complaint for job discrimination with the EEOC. In some cases, you only have 180 days to report discrimination. However, if your complaint is also covered by local or state anti-discrimination laws, which is the case in California, you have 300 days.

There are different time limits if you have been discriminated against or harassed by a federal government employee.

It’s important to work closely with a Los Angeles EEOC lawyer who can make sure you meet all of the required deadlines.

What Happens After I File a Complaint with the EEOC?

After you file a complaint with the EEOC, an investigator will be assigned to your case. They will collect as much information as is provided from both you and the employer. They may interview witnesses and ask additional questions.

The EEOC may request that the parties attend a mediation to try to reach an agreement about the issues in the complaint. If a settlement is reached, your case will be over. If not, then the EEOC will issue a determination letter regarding whether the investigator believes a law has been violated.

If the EEOC does not believe any laws were violated, they will send you a letter called a “Dismissal and Notice of Rights.” Then, you have 90 days to file a lawsuit if you decide to do so.

If the EEOC believes that discrimination did occur, then they will work with both parties to resolve the situation. If no resolution can be found, then the EEOC will decide whether to take your case to court itself. If they decide not to, you have 90 days to file your own lawsuit.

Why Filing with the EEOC is Crucial

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.

How Can a Los Angeles EEOC Attorney Help Me?

You might wonder: Do I need an attorney to file a job discrimination complaint against my employer? While you are not required to use an attorney, your stress will be greatly relieved with the help of a Los Angeles employment attorney who understands the EEOC process. Furthermore, filing a complaint with the EEOC might not necessarily be the best way to preserve your rights and bring your employer to justice. 

When you call us, you will speak directly with an attorney who will evaluate your case and help you decide what your next steps should be. Call us today at (213) 618-3655.

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.