Lawsuits Must Be Filed, Whether A Complaint With A Government Agency Before They May File A Lawsuit In Federal Court

The U.S. Equal Employment Opportunity Commission (EEOC) investigates complaints about violations of federal laws. Nearly all laws enforced by the EEOC require you to file a complaint before you may file a lawsuit in court.Note about state employees: State employees may sue state government employers in state courts under state laws without first filing a complaint with a government agency. However, state employees may or may not be able to sue state government employers in federal courts. Different federal courts have reached different conclusions about which federal employment laws protect state employees, when lawsuits must be filed, and whether state employees must first file a complaint with a government agency before they may file a lawsuit in federal court. If you are a state employee, Ohio Legal Rights Service recommends that you consult a lawyer about your options. If you plan to file a lawsuit and you are not a state employee, you must first file a complaint with the EEOC within 300 days of the time you become aware that the employer has discriminated against you. The EEOC can accept, and should accept, your complaint later than 300 days in certain situations. For example, the EEOC should accept your complaint after the 300-day deadline if the employer concealed facts that would support your complaint, or if you otherwise had no reason to suspect that the employer discriminated against you at the time. To be certain to preserve your right to file a complaint, Ohio Legal Rights Service recommends that you file your complaint within the 300 day time period. If you work for a federal agency or a federal contractor, you must file your complaint internally with the employer's Equal Employment Opportunity Office within 45 days of the date the violation occurred. During the EEOC investigation and again after the EEOC completes its investigation, the EEOC will assist you and the employer to reach an agreement to remedy the harm done to you (see Part 6: Remedies). If you and the employer do not reach an agreement, or if the employer does not keep its agreement with you, the EEOC may sue the employer in court. However, the EEOC is not required to sue the employer in court, even if the EEOC investigation finds that the employer violated the law or broke its agreement with you. For more information about filing your own lawsuit, see Part 7: Lawsuits in State and Federal Courts.The EEOC may dismiss your complaint at any time during the complaint process. You will be notified in writing of the dismissal and of your right to appeal the dismissal within 30 days of issue.