The Equal Employment Opportunity Commission is a federal agency that enforces laws protecting workers against workplace discrimination, sexual harassment, and retaliation. In addition to ensuring that employers understand these laws and are implementing them in their workplaces, the EEOC investigates complaints from employees facing discrimination and harassment in their workplaces. If a formal complaint is valid, the EEOC grants the Notice of Right to Sue against the liable employer for compensation.

Thus, you can file a formal complaint with the EEOC seeking help and support to stop workplace harassment or discrimination or to recover the damages you have suffered. However, your complaint has to meet all the requirements set forth by the commission to be considered and acted upon. It must also meet specific timelines.

Consider working with a skilled sexual harassment attorney from Empower Sexual Harassment Attorneys for guidance, support, and assistance in filing a solid complaint with the EEOC. Our attorneys in San Diego will also advise you on your rights, help you gather evidence, and defend you in all legal processes until you are satisfied with the outcome.

An Overview of What EEOC Does

Workplace discrimination and harassment are severe issues facing workers in all sectors. The perpetrators are usually colleagues, supervisors, and employers. So many reports of workplace discrimination and harassment have been filed by workers across the country. Workplace discrimination affects employees at all levels—from executives to entry-level staff. The Equal Employment Opportunity Commission is a federal agency formed to enforce laws protecting workers against discrimination and harassment, including the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and Title IV of the Civil Rights Act of 1963.

The commission enforces the laws by ensuring employers understand their part in protecting workers. They must provide conducive workplaces where all employees are treated fairly, regardless of religion, race, sexual orientation, age, or disability. The commission also offers support and guidance to victims of workplace harassment, discrimination, and retaliation to find justice and recover compensation for their damages. Here are the specific functions of the EEOC and how it can help if you face similar issues in your workplace:

Enforcing Anti-Discrimination Laws

The commission enforces national laws against workplace discrimination, harassment, and retaliation. These laws protect workers’ rights during critical processes like hiring, firing, training, promotions, benefits, and wages. The EEOC provides guidelines on actions a worker can take if they are harassed or discriminated against during those processes.

Specifically, it protects workers’ rights against harassment and discrimination based on their color, race, sexual orientation, religion, national origin, age, genetic information, and pregnancy. Workplace anti-discrimination laws mandate that employers ensure workers are treated fairly in all aspects of their employment. Thus, the EEOC makes employers liable for damages if a worker is harassed or discriminated against.

Investigating Claims of Harassment or Discrimination

The EEOC takes cases of workplace discrimination and harassment very seriously. However, it investigates all the complaints and claims it receives first to determine their validity and severity and to take reasonable action against the liable employer. Thus, victims must file their complaints with the EEOC before taking the matter to a civil court. If sufficient evidence supports the claim, the EEOC may authorize the employee to file a lawsuit if the complaint is substantiated.

The intensive and extensive investigation process can involve questioning witnesses, obtaining support documents, and visiting the workplace to ensure the complaint is valid.

Settling Some Claims Out of Court

If there is sufficient evidence that your employer is liable for the workplace discrimination or harassment you suffered, the EEOC will take action against them. Your employer is held responsible for your damages if they perpetrated workplace discrimination or harassment, or did not do enough to protect you against it. Your employer can be held accountable even if someone else was the perpetrator of harassment or discrimination. This is because they are legally responsible for ensuring you are fairly treated in your workplace by taking proactive steps to educate employees, uphold anti-discrimination policies, and respond promptly to any violations against the perpetrator.

The EEOC will attempt to settle the matter out of court by holding a mediation hearing to encourage you to resolve your issues with your employer. If this works, it can save time and resources and ensure you receive the compensation you deserve for your damages. The mediation will include a third party, who will help you and your employer reach a favorable resolution.

If the mediation does not work, the commission will grant you the right to file a lawsuit against your employer in a civil court. A judge will review your case and evidence to determine how the matter should be settled.

Educating Employers and Workers

The commission ensures that employers understand their responsibility to ensure that workers are treated fairly in the workplace. It issues guidelines that employers must follow to maintain safe and equitable workplaces. The commission also educates workers on their rights. It provides them with guidance and support to stop workplace harassment and discrimination and take action against their employers if it happens.

Enforcing Retaliation Laws

In addition to enforcing discrimination and harassment laws against workers, the commission enforces laws against retaliation. Retaliation mainly occurs when an employer acts against a worker who fights for their rights or takes action against an employer for workplace discrimination or harassment. Retaliation can take many forms, including unfair termination, demotion, denied promotions, denied benefits, and salary reduction. It is also a form of workplace discrimination.

What is the EEOC Formal Complaint?

A formal complaint is a written statement by a worker, sometimes with the assistance of their attorney, alleging that an employer is involved in workplace discrimination, harassment, or retaliation. You file a complaint like this after gathering solid evidence against your employer. You should report the matter to your employer first or speak out against the discrimination or harassment if your employer is the perpetrator. If they do not take any action to protect you, or they act against you, you can file a formal complaint with the EEOC. The EEOC will take action after receiving the complaint, based on the nature of the complaint.

Remember that EEOC handles workplace discrimination and harassment issues based on characteristics like sexual orientation, ethnicity, age, disability, nationality, and pregnancy. The complaint can be general, based on the general condition of your workplace, or specific, based on a particular incident like promotion, hiring, assignment, or disciplinary actions. You should provide clear information and supporting evidence to ensure the commission understands the matter well for easier decision-making. The EEOC will attempt to settle the matter out of court if the complaint is valid. However, if this does not work, the commission will give you the right to sue your employer.

Thus, the complainants are usually workers whose rights have been violated through harassment, discrimination, or retaliation, regardless of their social status, nationality, or immigration status. The complaint can also be from a job seeker or a former worker. You do not need to be a full-time employee to exercise your rights to a safe working environment. Temporary, part-time, or seasonal workers must be treated fairly during hiring or wage determination.

The Process of Filing a Formal Complaint with the EEOC

The commission enforces all anti-discrimination laws against workers in the country. Thus, it is directed by several rules that provide comprehensive information that enables it to address the complaints it receives. Your case will be dealt with individually, not as a general issue. This ensures the commission considers your personal needs for effective resolution. However, the outcome of your case will depend on several factors, such as the following:

  • How soon after the fact did you take action against your employer
  • How big is the organization?
  • The nature of your case
  • The severity of the matter

Once you bring the matter up with EEOC, the commission will take several steps to assess the nature and severity of the situation and the right action to take. A skilled sexual harassment attorney will help you understand what to expect in each step of this process. They will also discuss ways in which you can influence the outcome of your case, for example, reporting the matter within the set deadlines and gathering critical evidence to support your claim.

Filing a formal complaint with the EEOC is not always straightforward. Take time to gather the information needed to strengthen your case. Once the information is ready, contact an EEOC counselor to report the matter and inform them of your expectations. If your case is based on a one-time incident, like discrimination in the hiring or promotion process, contact the EEOC within three months of the incident. If you prolong this, you could lose your rights to file a complaint with the commission. Your attorney will ensure you understand the strict deadlines you must adhere to to protect your case’s validity.

However, consult an EEOC counselor before filing the matter with the commission. They will ensure you have everything needed to file a solid claim with the commission. The counselor will offer pre-complaint counseling and discuss alternatives based on the nature of your claim. Some of the alternative routes that could help you resolve the issue with your employer include the following:

  • Alternative dispute resolution (ADR) options like mediation, negotiation, or arbitration may help resolve the issue without going to court. A neutral third party handles the process to help you and your employer reach an agreeable solution.
  • EEOC counseling is where the counselor discusses your other options based on the severity of your case and evidence. They can advise you to file a formal complaint with the commission for a proper investigation. If the commission finds your employer liable for workplace discrimination or harassment, you can file your case in a civil court.

If the resolution is to file a formal complaint against your employer with the commission, you must provide all the information the commission needs to take action, including the following:

  • Your full name and up-to-date contact information, including phone number and mailing address
  • A brief description of the incident or incidents that prompted you to file a complaint against your employer, for example, an unfair termination, demotion, sexual harassment, or pregnancy discrimination.
  • The reason you think your employer or someone else discriminated against you (race, religious belief, sexual orientation, gender, nationality, or pregnancy)
  • An account of the damages you suffered through your employer’s actions or inaction

The formal complaint should also contain your signature or the signature of your representative (if someone else is filing the complaint on your behalf).

What To Expect After Filing a Formal Complaint With the EEOC

When the commission receives your formal complaint, it will acknowledge it by sending you a notification. It will also review the complaint to determine if it meets the procedural grounds for investigation or dismissal. For example, if you file a complaint past the set deadlines or fail to meet a particular filing requirement, the commission will dismiss it. You will receive a notice of dismissal with a reason as to why the commission cannot act on your complaint. You have 30 days to appeal a dismissal if you are a federal employee. For private-sector cases, EEOC typically issues a Notice of Right to Sue instead.

The commission will investigate whether your complaint meets all the procedural filing requirements. The investigation can take up to 180 days from the filing date. If investigators uncover new information, they may add it to the existing record of your complaint. The team can extend the investigation past the 180-day deadline if more time is needed for a conclusive investigation. You will be requested to approve the extension by up to 90 days.

After the investigation, the team will make one of these two decisions:

  • Request the commission to hold an administrative hearing and appoint an administrative judge to hear the case between you and your employer
  • Request the agency to issue a final decision or ruling regarding the matter

If the investigation takes longer than expected (more than 180 days), you can wait for the team to complete it or request a hearing. The commission can also hold a hearing based on the investigation findings. A hearing is usually an administrative process to review the evidence against your employer and offer a final decision. Your employer can also give their side of the story for a fair hearing and determination.

EEOC investigators are critical in ensuring the commission has sufficient information regarding a particular case before finalizing it. Instead of relying on the information you provide in your formal complaint, the EEOC seeks independent information for a fair determination. The investigation may uncover evidence that either supports or weakens your claim. The commission’s final decision is based on its findings.

Out-of-Court Settlements

After reviewing your complaint and conducting an independent investigation, this is one of the EEOC’s recommendations. If investigators find out that your complaint against your employer is valid, the commission can recommend resolving the matter amicably with your employer. It can suggest ways to do this, mainly through mediation. A third party comes in to help you resolve issues between the two of you. If this works, your employer could be required to compensate you for your damages or reinstate you to your job, depending on the details of the underlying matter.

Your employer must comply with the settlement conditions to avoid further legal problems. If they fail to comply, you should inform the commission in writing within thirty days of finding out about the employer’s non-compliance. The commission will write to your employer to notify them of the non-compliance claim. Your employer must respond with a reasonable explanation for their actions or inaction. The commission will handle the matter depending on the reaction it receives from your employer. If you are dissatisfied with the progress of your case, you can request the commission to allow you to sue your employer.

You are not obligated to accept a settlement if it does not serve your best interests. Your attorney will help you understand the EEOC’s recommendation and its benefits to help you make an informed decision. If a settlement does not work for you, you can inform the commission that you prefer to take the matter to court. If there is sufficient proof that your employer is liable for the workplace harassment or discrimination you suffered, the commission will grant you the right to sue. Your attorney will help you prepare and file your lawsuit in civil court, typically after receiving a Notice of Right to Sue from the EEOC.

How a Sexual Harassment Attorney Can Help

A sexual harassment attorney can help when filing a formal complaint with the EEOC. If you are unsure of the validity or strength of your case, you should speak to an attorney. They will review your case to determine if you have sufficient grounds to file a formal complaint. They will also help you gather evidence, prepare the claim, and file it within the required timelines. An attorney will be by your side throughout all legal and administrative processes until you are satisfied with the outcome. Here are some of the reasons you should hire an attorney:

For Case Assessment and Legal Advice

If you suspect harassment or discrimination in your workplace, you could be unsure about taking legal action until an attorney assesses your case and offers legal advice. An attorney can evaluate the facts of your case and any evidence you have gathered to tell you if your suspicions are correct and what actions you should take. They will advise you on the next step, depending on the course of action you choose. If you decide to file a complaint against your employer, they can assist you in gathering evidence to strengthen your case.

Gathering and Preservation of Evidence

Remember that the commission will take your case seriously if you have strong evidence to support your claim. An attorney will ensure you understand the evidence you need against your employer and how to gather and preserve it. They can also help you obtain documents, interview witnesses, and analyze company policies as you build your case.

A skilled attorney will preserve all the evidence you gather to ensure it will be admissible in court if you file a lawsuit against your employer.

For Legal Representation

Once you file a complaint against your employer, you need someone who understands anti-discrimination laws to represent your interests. They will help you with the filing process and present your case during the administrative hearing (if it applies in your case). If you choose to settle the matter out of court, your attorney will represent your interests before your employer and the arbitrator. They will negotiate for a favorable settlement. If the matter goes to court, they will present your case and fight for your best interests.

For Support and Guidance

Workplace harassment or discrimination can significantly affect your emotional, mental, and physical well-being. An attorney offers the emotional support you need to make the right decisions for the best possible outcome in your case. They protect your privacy and help ensure you are not retaliated against by your employer or coworkers during the legal process.

Find an Experienced Sexual Harassment Attorney Near Me

Every worker in San Diego deserves a safe working environment, free from discrimination or harassment. You should be treated fairly regardless of age, religious beliefs, sexual orientation, gender, or political beliefs. If not, you can take action against your employer by filing a formal complaint with the EEOC. Your employer is responsible for ensuring that you understand your civil rights as an employee.

If you suspect workplace harassment or discrimination, we can hear your case and advise you on your options at Empower Sexual Harassment Attorneys. If you have a valid case, we can help you gather evidence to file a strong claim with the EEOC. We will protect your rights throughout all legal processes and fight by your side until you are happy with the results. Call us at 619-604-3027 to learn about EEOC formal complaints and our services.