- Who can file an EEOC charge?
A disgruntled applicant, current employee or former employee can file any EEOC charge.
- How long do they have to file an EEOC charge?
An employee has got to file – or somebody filing a charge- has got to file with the Equal Employment Opportunity Commission within 180 days of the alleged unlawful employment practice for non-deferral states and counties and within 300 days, for deferral jurisdictions.
- What is a deferral jurisdiction for an EEOC charge?
It’s one where there’s a state EEO agency as well. What happens here is a copy of the charge gets sent to the state agency and there’s a longer time frame for somebody to file. Many states have state agencies. The 300 day limit is quite frequently the one that’s used.
- When will the EEOC notify my company that a charge has been filed?
If an EEOC charge has been filed against your company, the Equal Employment Opportunity Commission is going to notify you, typically, by mail within 10 days of its receipt of the charge. The notification includes a copy of the charge. What it will do is identify the complainant who is also referred to throughout this process as the charging party. Identify the basis of the complaint, namely, is this race, religion, sex, national origin and what the issue is. Is it an issue about alleged discriminatory hiring, promotion, discharge, etcetera.
- What will the EEOC charge paperwork include?
It will include the dates that the alleged inappropriate conduct took place and the person who is making the charge- the charging party or the complainant needs to do so under oath or affirmation. They need to swear that what they are saying is true.
Along with the EEOC charge, you’re also going to get some other information. You’re going to receive, generally, a pretty clear explanation of the EEOC charge process as well as an explanation of the company’s obligation to retain certain records pertaining to the charge. And, of course, of the non-retaliation provisions of all the EEO – the laws of the EEOC enforces.
These are the edited remarks from the Rapid Learning Institute webinar “EEOC Charges: How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa Senzel, Esq. on Feb. 14, 2007
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