How to File a Successful EEOC Complaint

Every employee deserves to work in a harassment and discrimination-free environment. If you or someone that you know is facing these illegal behaviors in a California workplace, one of the first steps in filing a successful claim against the employer is to file a complaint with the Equal Employment Opportunity Commission (EEOC). If you are considering filing a complaint, it is important that you seek experienced legal counsel to ensure that your claim is filed properly and your case is protected. To learn more, talk to a knowledgeable California employment law attorney today.

Filing a Complaint

When a complaint is filed with the EEOC, details about the claim are included like who is responsible for the harassment or discrimination and the details of the incidents alleged. Claimants have 180 days from the date of the last incident alleged to file a complaint with the EEOC, and similarly the EEOC has 180 days from the date that it receives the complaint to investigate the incidents alleged. However, it is important to note that sometimes an investigation may take longer than 180 days. In some cases, it can take months or even up to one year to complete, but after 180 days if the claimant wishes they can move forward with a formal lawsuit regardless of whether the investigation is complete.

Determining Reasonable Cause

The purpose of the investigation by the EEOC is to determine whether there is reasonable cause to believe that harassment or discrimination took place against the employee who filed the complaint. Harassment can take the forms of a hostile work environment or sexual harassment, and discrimination occurs when an employer engages in adverse employment actions against an applicant or employee based on their actual or perceived belonging to a protected class. If the EEOC finds that it is likely that this behavior took place, it will issue the claimant a Notice of Right to Sue, which gives the employee leave to file an official lawsuit against their employer for harassment or discrimination with the support of the EEOC.

If the EEOC determines that the complaint does not qualify for legal action, an employee still has legal options. The EEOC may request additional information or documentation to help strengthen the case, at which point they will issue a Notice of Right to Sue. And even if the EEOC does not believe that there is enough to warrant a legal case, an employee still has the right to move forward with a lawsuit without the backing of the EEOC. To learn more about your legal options, call or contact an attorney today.

Call or Contact a Lawyer Now

No employer has the right to engage in harassment or discrimination against their own employees. If you believe that this type of behavior is happening in your workplace, you have the right to file a complaint with the EEOC, and an experienced lawyer can help. Call the office or contact a skilled California employment law attorney in your area to learn more.