What happens when the EEOC receives a complaint

What happens when the EEOC receives a complaint

| Jun 17, 2020 | Firm News |

Employees in California and throughout the country who believe that they have been victims of employment law violations may file charges with the Equal Employment Opportunity Commission (EEOC). The EEOC will notify the employer that a charge has been filed prior to reviewing the complaint. An investigation will begin to determine if the facts support an employee’s assertion that an employer has engaged in some type of discrimination.

If the agency believes that there isn’t enough evidence to support a worker’s claim, the charge may be dropped. The EEOC may ask to interview those who may be able to substantiate a claim or request documents that may be relevant to the case. In the event that an investigation reveals that an employer likely engaged in discriminatory conduct, the EEOC will begin the conciliation process. An employee and employer may also choose to engage in mediation or enter settlement talks at any point during the investigation.

Parties to a discrimination claim can avoid going to court by successfully conciliating, mediating or settling the claim. If the conciliation process doesn’t work, the EEOC may decide to file a lawsuit or allow the employee to do so on his or her behalf. Individuals may be able to file lawsuits on their own if the EEOC doesn’t believe that their employers acted in a discriminatory manner.

An employment law attorney may be able to help a worker hold a company accountable for engaging in discrimination based on race, age or other protected attributes. An attorney may be involved during mediation or settlement talks or represent a plaintiff in court. Employment records or manager statements may be used as evidence in a discrimination case. If a claim is successful, an individual may be entitled to compensation or other forms of relief.