Filing A Claim With EEOC

When encountering workplace discrimination and considering filing discrimination claims, you should consider filing a claim with EEOC if possible. The U.S. Equal Employment Opportunity Commission (EEOC) is a Federal Labor Relations Authority agency established in July 2, 1965 after the passage of the historic legislation, the Civil Rights Act of 1964.

The EEOC's primary mission is the promotion of equal opportunity in the workplace and it is tasked with the enforcement of federal laws prohibiting employment discrimination such as:

Title VII of the Civil Rights Act of 1964

Discrimination based on race, color, religion, sex, national origin and retaliation for protected EEO activity is unlawful.Age Discrimination in Employment Act (ADEA) - Workers age 40 and older are protected from discrimination in hiring, discharge, pay, promotions, fringe benefits and other aspects of employment.

Equal Pay Act (EPA)

Men and women performing substantially equal work in the same establishment should be paid the same wages, gender-based discrimination is prohibited.

Americans with Disabilities Act

Discrimination against individuals with disabilities or qualified handicapped workers are prohibited.

EEOC Investigations of Workplace Discrimination

The EEOC has authority to receive, initiate and investigate charges of discrimination filed against employers who have a required number of employees depending on which law was violated. For example, Title VII of the Civil Rights Act and ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals while ADEA covers all private employers with 20 or more employees.

Evidence and Lawsuits

The EEOC's role in an investigation is to fairly and accurately evaluate the allegations based on evidences obtained. It may also, should evidence be sufficient, file suits on behalf of alleged victim(s) of discrimination against employers and as an adjudicatory for claims of discrimination brought against federal agencies.

Filing Discrimination Claims

In case you’re a victim of any of the above-mentioned employment discrimination or your employer has violated federal employment laws, EEOC claims and hearings may be instituted as a remedy. Employees may file a claim with the EEOC after filling out a questionnaire which may be submitted through mail or in person at the nearest EEOC office. All laws enforced by EEOC, except the EPA must be filed with the EEOC before a private lawsuit may be filed in court.

Time Limit for Filing a Discrimination Claim

A claim must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. However, charges may be filed by an individual, organization, or agency on behalf of another person in order to protect the aggrieved person's identity.

Should there be a need for hearing or an employee requests for one, an administrative judge (AJ) will hear and independently decide on the discrimination complaints of federal employees. The AJ will act as both the judge and jury.

• The content of this page is provided for informational purposes only, and should not be construed as legal advice. If you need help with an employment law question, please click here to talk to Rodney Mesriani or an employment lawyer near you.