An EEOC complaint can be handled with a little knowledge of EEOC laws, planning, forethought and follow-through
- Who can file an EEOC complaint?
A charge can be filed by a disgruntled applicant, current employee or former employee.
- When does the EEOC complaint have to be filed?
It’s got to be filed with the EEOC within 180 days of the alleged unlawful employment practice if you’re in a non-deferral state or county and within 300 days for deferral jurisdiction.
- What is a deferral jurisdiction for an EEOC complaint?
A deferral jurisdiction is one where your state’s got a state EEO agency as well. Where there’s a state agency, a copy of the EEOC complaint gets filed with both state agency and the EEOC and somebody gets longer to report and state and EEOC decides who’s going to process that claim.
- When will I be notified of the EEOC complaint?
If a charge has been filed against your organization, the EEOC, typically, is going to notify you by mail within 10 days of its receipt of the EEOC complaint.
- What does the notification include?
The notification normally include a copy of the charge, briefly identifying who the complainant is and the complainant’s also known as — in the EEOC lingo, as the charging party, the basis of the complaint: race claim, a religion claim, a gender claim,and what the issue is: hiring, promotion, discharge, retaliation, etcetera?
- Will the EEOC complaint have specific dates of events?
It will also include the dates of the alleged discrimination to the extent that that’s possible. And the person who’s filling out the charge needs to do so under oath or affirmation. They need to swear that everything they’re saying is true.
- How can I find about the EEOC investigation process?
Along with the charge, you’re also going to get a pretty clear explanation from the EEOC of its charge process, as well as explanations of the company’s obligation to retain records that pertain to the charge, and of course, of the EEOC’s non-retaliation provisions.
- Is an investigation the only solution?
You also may get an invitation to mediate included in your packet. And we’re going to talk in a few minutes about what that means and whether it’s a good idea to go down that mediation room or not.
- Which laws does the EEOC enforce?
The EEOC enforces title 7 of the Civil Rights Act of 1964, which, as probably you know, prohibits discrimination based on race, color, sex, national origin and religion. It also enforces the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act.
- Who handles other EEO laws against sexual orientation discrimination?
If you’ve got somebody, who’s claiming that they’ve been discriminated against based on, say, sexual orientation or marital status, that’s not going to be handled by the EEOC.
However, many states are going to have their own state agencies, which are equivalent to the EEOC. And there are also some local agencies for counties and different communities. Those state agencies and local agencies enforce the state anti-discrimination laws.
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