How to File an EEO Suit
The Equal Employment Opportunity Commission (EEOC) was created by the Civil Rights Act of 1964 for the purpose of eliminating discrimination in the workplace. The EEOC had limited powers during its infancy but its ability to initiate legal challenges against questionable employment practices quickly became the norm in 1972 when Congress gave the EEOC the power to sue employers over discrimination claims.
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Instructions
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You, as a prospective or current employee, must believe that an employer has discriminated against you in order to file a complaint with the EEOC. Your complaint must be that you were fired, denied employment, a promotion, or equal pay simply because of your gender, race, religion, color, national origin, age, sexual preference or disability. Your complaint cannot be based upon a hunch. You must have reliable and incriminating evidence that discrimination by the employer was damaging and intentional. There is no fee associated with filing an EEOC complaint.
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Within 45 days of the discriminatory act, you must contact an EEOC office to advise the agency that you believe you've been discriminated against and you would like to file a complaint. An impartial counselor will be assigned to review your statement of facts. If your complaint is accepted, a case number will be assigned and the counselor will attempt to resolve the matter informally. If an informal resolution is not reached, you will have to decide if you want to pursue the formal complaint process.
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The informal complaint process involves the counselor acting as a mediator between you and your employer. This process, known as Alternative Dispute Resolution (ADR), requires you and a management representative to attempt to iron out your differences without going through a lengthy court battle. If a mutually satisfactory agreement is reached, the counselor prepares a written order stating the terms of the resolution and each party's duties related to that agreement. You and the employer's representative will sign the document that is now enforceable by the courts.
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Formal charges of discrimination are filed by the EEOC against the Department of Commerce, not the individual employer. Your case is assigned a number and turned over to an investigator. As the plaintiff, you bear the burden of proving that discrimination was the employer's motive and it resulted in you suffering damages. Any witnesses, recordings, or documents that you can provide to support your case should be submitted to the investigator who has 180 days to complete her investigation.
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The investigator will weigh all of the evidence, prepare a Report of Investigation (ROI), then submit it to you for your review. You must decide within 30 days of receiving the ROI if you want a judge to hear your case or if you would rather have the Office of Civil Rights (OCR) issue a Final Agency Decision. You and your employer can agree to resolve the complaint at any time prior to the case being heard in court or before the OCR issues a final decision.
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If you win your case, you will be provided with the information that will allow you to seek restitution from your employer related to back pay, attorney's fees, promotions, or any other damages you suffered. If your employer prevails in the case, you will be given a notice of your right to appeal the decision.
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Tips & Warnings
You can choose to sue your employer in civil court instead of filing a complaint with the EEOC. However, you cannot do both. Also, you can file a class action complaint if you are one of a group of persons who feel they have been subjected to the same discriminatory act by an employer. This process is similar to an individual filing an EEOC complaint but, in this case, you or one of the other injured parties must be designated to represent the interests of the class.
