How to File an Pro Se EEOC Lawsuit
The U.S. Equal Employment Opportunity Commission (EEOC) files over 300 lawsuits annually on behalf of individuals who face discrimination in the workplace (see reference 3). If you think your employer violated your rights on the basis of sex, race, color, national origin, religion, age or disability, filing a lawsuit with the EEOC may serve as your only recourse. While filing a labor lawsuit is a lengthy and complex process, you can file a private EEOC lawsuit without the aid of an attorney. Note, according to Rule 11 of the federal rules of civil procedure, filing baseless lawsuits can lead to hefty fines and sanctions from the federal government, so ensure you have a reasonable claim to prove your case.
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Things You'll Need
- EEOC right to sue letter
- Civil Coversheet
- Federal complaint/lawsuit form
- Summons form
Instructions
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File a discrimination charge in person, over the telephone or by mail at your closest EEOC office. You must file a charge within 180 days for discriminatory acts that violate your civil rights, the American with Disabilities Act and the Age Discrimination in Employment Act (ADEA). The EEOC does not require individuals discriminated against under the Equal Pay Act (EPA) to file a charge prior to filing a private lawsuit. However, if you decide to file a charge with the EEOC prior to proceeding with a private lawsuit, you must file the charge within the same 180 day time frame as other cases. After the EEOC completes its investigation, you will receive a right to sue letter to proceed with your private lawsuit.
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Find your district court to obtain a complaint form; you must return the form to the clerk's office in the district court. Enter as many details as possible in the complaint to prevent the court from dismissing your case. Include a statement detailing each plaintiff's name and location, the defendant's or your employer's identity and location, and the basis for suing the defendant.
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Sign your signature on the complaint and list your contact information. Every plaintiff involved in the lawsuit must list her name, contact information and signature in the complaint. So, if you are filing this lawsuit in unison with coworkers, each coworker must sign their name. Create two copies of the complaint for the court's reference and one for each defendant.
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Obtain a copy of the Civil Coversheet, the JS 044 form, from the U.S. Courts website to sum up the basics of your case. Complete this form and include one cover sheet for each copy of the complaint.
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Get two summons forms from the clerk's office to inform the defendants of your lawsuit. List the name and address of the defendant on the summons form. Write "20" as the number of days your employer has to respond to your summons, which is the standard time limit.
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Pay the federal filing fee to the county clerk to file your lawsuit. If you cannot afford the filing fee, ask the clerk for a "Proceed In Forma Pauperis" form to waive the filing fee. The clerk will sign her signature and place a seal on the summons before she gives you a case number and a copy of your complaint to the appointed judge.
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Send a copy of the entire lawsuit packet to each defendant via certified mail.
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Tips & Warnings
If your employer employs fewer than 15 to 20 employees, consult an attorney to determine if you must file your discrimination case in state court as opposed to the district court.
