The findings process in EEOC cases

EEOC cases may take years to get final answers and official findings

Cause finding in EEOC cases
A cause finding and that’s 2.5% to 4% of the EEOC cases result in a cause finding. The EEOC , in that case, will invite to enter into conciliation discussion. If those are unsuccessful, then the EEOC can file a lawsuit or the complainant can a file a lawsuit on his or her own.

No Cause finding in EEOC cases
You also may get a no cause finding for the EEOC case and then the complainant will be issued a right to sue letter. That says you’ve got 90 days to sue in federal court from receipt of this letter. That is what much more frequently happens and then that individual chooses whether or not they’re going to sue.

Other EEOC case dismissals
There are other kinds of dismissals in EEOC cases as well: administrative, timeliness issues, EEOC doesn’t have jurisdiction because you’re too small, the complainant came in and was filed but the EEOC was unable to locate them for any follow up, those kinds of things that complainant will be – that charge will be dismissed as well.

Responses may be a while
EEOC cases and the EEOC investigators’ response can take a very long time. It is really frustrating. I had a charge pending for two years, I think, where I hadn’t heard anything at all. And then one day when I was thinking, “Hey, I wonder whatever happened with that, the notice of right to sue, you know, were done.” There was no cause found came.

I would say that as long as you’re certain they got your last submission, it could take a long, long time. I mean you can check in with them if you want to. I tend to not do that because it may put you back on their radar.

The employee – the complainants can request – a complainant can request a right to sue letter if they’re serious about proceeding quickly, they’re going to go to the EEOC and say, “I’m filing this charge because I know I have to but I want to request a right to sue letter so I can move on from this administrative forum forward.”

Edited remarks from the Rapid Learning Institute webinar: “In EEOC’s Crosshairs? How to Prepare an Airtight Response and Avoid Costly Payouts” by Alyssa T. Senzel on February 04, 2009