If you believe your employer discriminated against you, harassed you, or retaliated against you because you complained about discrimination, you may have been told that you need to “file with the EEOC.” But what does that actually mean?
For many employees, filing a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) is an important step before filing a federal employment discrimination lawsuit. Understanding when you need to file with the EEOC, how the EEOC process works, and what happens after you open an EEOC case can help you protect your rights.
What Is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces federal laws prohibiting certain types of discrimination and retaliation in the workplace.
The EEOC enforces federal employment discrimination laws involving protected characteristics such as:
- Race
- Gender, including sexual harassment, pregnancy, and sexual orientation
- National Origin
- Religion
- Age for employees 40 years or older
- Disability
The EEOC also enforces federal laws protecting employees from retaliation for engaging in protected activity, such as opposing unlawful discrimination or participating in an EEOC investigation.
Why Do I Need to File an EEOC Charge?
Depending on the type of employment claim you have, filing an EEOC charge may be required before you file a lawsuit against your employer in federal court. For most federal employment discrimination claims—including claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA)—an employee must file a Charge of Discrimination with the EEOC before filing a lawsuit against their employer.
What Is an EEOC Charge?
An EEOC Charge of Discrimination is a formal allegation that an employer violated federal employment discrimination law.
A charge generally identifies:
- The employee filing the charge;
- The employer;
- The employment relationship;
- What happened;
- When the events occurred; and
- Why the employee believes the conduct was unlawful.
The EEOC may investigate the allegations and determine whether further action is appropriate.
How Do I File an EEOC Charge?
The EEOC currently uses its Public Portal to begin the process of filing a charge. Generally, an employee begins by submitting an online inquiry through the EEOC website. The EEOC may then schedule an interview to discuss the allegations and determine whether a formal charge should be filed.
If you have an attorney, your attorney can assist with evaluating your potential claims and preparing and filing the charge.
How Long Do I Have to File an EEOC Charge?
This is one of the most important questions. An employee has 180 calendar days from the date of the last discriminatory act to file a charge. You should not wait until the deadline is approaching to determine whether you have a claim. Different employment claims can have different deadlines and requirements. Some claims may also involve multiple discriminatory acts, while harassment claims could involve continuing conduct. When in doubt, speak with an employment lawyer as soon as possible.
What Happens After I File an EEOC Charge?
After a charge is filed, the EEOC generally notifies the employer. Depending on the circumstances, the EEOC may:
- Investigate the allegations;
- Request documents or information from the employee or employer;
- Interview witnesses;
- Ask the employer to respond to the allegations;
- Offer mediation or other methods of resolving the dispute; and
- Determine what action, if any, should be taken.
The EEOC process can take time. The length of an investigation can vary depending on the circumstances of the charge and the EEOC’s workload.
Does the EEOC Automatically Sue My Employer?
No. Filing an EEOC charge does not mean that the EEOC will automatically file a lawsuit against your employer. The EEOC may investigate the allegations and attempt to resolve the dispute. In certain circumstances, the EEOC may determine that it will bring a lawsuit against an employer. However, most EEOC charges do not automatically result in an EEOC lawsuit.
If the EEOC determines that there is not enough evidence to establish a violation, it may close the charge and issue a Notice of Right to Sue.
What Is a Notice of Right to Sue?
A Notice of Right to Sue is an important document that can allow an employee to proceed with certain employment discrimination claims in court. After receiving a Notice of Right to Sue, the employee has a limited amount of time to file a lawsuit. The deadline to file a lawsuit is generally 90 days from receipt of the Notice of Right to Sue. Missing the 90-day deadline can have serious consequences. Because the deadline can be affected by the specific law and circumstances of the case, an employee who receives a Notice of Right to Sue should promptly speak with an employment attorney about the applicable deadline.
Can I File an EEOC Charge If I Am Still Employed?
Yes. You do not have to wait until you are fired to file an EEOC charge. In some cases waiting for the employment relationship to end could cause you to miss an important filing deadline.
Can My Employer Retaliate Against Me for Filing an EEOC Charge?
Federal employment discrimination laws prohibit retaliation against employees who engage in protected activity.
Protected activity can include:
- Complaining about unlawful discrimination;
- Participating in an EEOC investigation;
- Filing an EEOC charge; or
- Opposing conduct the employee reasonably believes is unlawful discrimination.
Retaliation can take different forms. For example, an employer might:
- Fire an employee;
- Demote an employee;
- Reduce an employee’s hours;
- Reduce pay;
- Change job duties;
- Deny a promotion;
- Increase disciplinary action; or
- Take another materially adverse action because the employee engaged in protected activity.
If retaliation occurs after an EEOC charge has been filed, the employee should promptly notify the EEOC to determine whether additional administrative steps are required.
Do I Need a Lawyer to File an EEOC Charge?
No. You do not have to hire an attorney to file an EEOC charge. However, consulting with an employment lawyer before filing may help you understand your potential claims and the applicable deadlines.
An employment attorney may help evaluate:
- Whether the facts potentially establish unlawful discrimination;
- Which federal laws may apply;
- Whether Alabama law provides additional claims or protections;
- The applicable EEOC filing deadline;
- What facts should be included in the charge;
- What evidence may support your allegations;
- Which witnesses may have relevant information;
- Whether retaliation may also be involved; and
- What remedies may potentially be available.
What Should I Do If I Think I Have an Employment Discrimination Claim?
Contact an Employment Discrimination Attorney.
If you believe you have experienced employment discrimination or retaliation in Alabama, Beckum Law can help you understand your options, the EEOC process, and the deadlines that may apply to your claim. Call (205) 588-0699 to discuss your employment law matter today.