Qualifying for a Complaint With the EEOC

Whenever a worker believes that they are being harassed or discriminated against in the workplace, they must follow certain steps in order to pursue a case. One of these steps involves filing a complaint with the U.S. Equal Employment Opportunity Commission, and an experienced California employment law attorney can help with this process. To learn more about your legal options after facing harassment or discrimination, talk to a lawyer in your area today.

What the EEOC Investigates

The U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints involving claims of harassment or discrimination that violates federal laws prohibiting such conduct in the workplace. Some of the laws that the EEOC enforces includes The Americans with Disabilities Act (ADA), The Age Discrimination in Employment Act of 1967 (ADEA), Title VII of the Civil Rights Act of 1964 (Title VII), and The Equal Pay Act (EPA). Harassment and discrimination occurs when an employer initiates an adverse employment action against a worker or applicant because of an actual or perceived belonging to a protected class. Protected classes include the following: 

• Age,
• Disability,
• Genetic information,
• National origin,
• Pregnancy,
• Race,
• Color,
• Religion, and
• Sex

Who Qualifies for EEOC Complaints

In order to file a complaint with the EEOC, your employer must be covered and the complaint must be filed within a specific period of time, known as the statute of limitations. Generally speaking, private employers fall under the EEOC if they have 15 or more employees for at least 20 weeks in the calendar year, although for age discrimination claims an employer must have at least 20 workers to qualify. State and local government agencies fall under the EEOC if they have 15 or more workers, but there is no minimum on workers if there is an age discrimination claim. Federal government agencies qualify for EEOC investigation regardless of the number of employees.

The statute of limitations for an EEOC claim depends on the type of complaint submitted. For general claims of discrimination, a complaint must be filed within 180 days of the incident. For age discrimination claims, the deadline is extended to 300 days if there is a state law prohibiting age discrimination that also enforces the law. If more than one discriminatory event takes place, an employee must file a complaint within the statute of limitations for each individual occurrence, not just when the last event took place. For harassment claims, a complaint must be filed within 180 days of the last incident, and all prior incidents will be taken into consideration even if they fall outside of the statute of limitations.

Contact a Lawyer Today

Filing a complaint with the EEOC can be confusing, which is why you should always utilize the expertise of a lawyer when pursuing this type of claim. Do you have more questions about filing a complaint with the EEOC for harassment or discrimination claims? Call the office or contact an experienced California employment law attorney in your area today.