The Significance of an EEOC Letter of Determination
The Equal Employment Opportunity Commission, or EEOC, enforces federal laws dealing with workplace discrimination. If an employee feels he is being discriminated against, he may file a complaint with the EEOC because the EEOC has been granted the authority to investigate these claims. The EEOC fairly and impartially assesses the situation and determines whether discrimination has, in fact, taken place. A letter of determination plays a significant role in the EEOC process.
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EEOC Investigation Process
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After an employee files a complaint with the EEOC, she receives a copy of the charge and her charge number. Within 10 days, the employer receives notice that charges have been filed and the name and contact information of the investigator assigned to the case. The EEOC often favors the mediation process, and the commission will attempt to settle the situation through mediation. If mediation is not a favorable option for either or both parties, the investigation continues. During the investigation, the EEOC may request a voluntary statement of position from the employer, which provides the employer with an opportunity to give its version of events. The commission may also make a request for information, such as the personnel files of any individuals involved in the discrimination case. In addition, the EEOC may make an on-site visit and conduct witness interviews to ask other employees what they have seen or heard, according to the EEOC.
Dismissal and Notice of Rights
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After the investigation, the EEOC could find that there is no definitive cause to believe that discrimination occurred in the workplace. If it makes that finding, it issues a dismissal and a notice of rights to the employee who filed the charges. Although the commission did not find cause that discrimination occurred, the employee still has the right to file suit in federal court within 90 days of receiving the letter. The employer receives the same letter, according to the EEOC.
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Letter of Determination
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If the EEOC issues a letter of determination, this means that the commission believes there is reason to believe that discrimination did, in fact, occur. In the letter, the commission asks both parties to attend an informal proceeding known as "conciliation" to attempt to resolve the issue. The parties attend conciliation at the EEOC agency. If conciliation is successful, the case is completed. If conciliation is not successful, the case is still opened, according to the EEOC.
Notice of Right to Sue
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After conciliation fails, the EEOC may take the employer to federal court and file a lawsuit. If the EEOC chooses not to file a lawsuit against the employer, the commission issues a notice of right to sue to the employee. The employee then may file a lawsuit in federal court within 90 days, according to the EEOC.
Considerations
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Federal government employees have a different complaint and investigations process, and the information discussed herein does not apply to federal employees. Also, each discrimination charge is handled on a case-by-case basis. All cases are handled differently and independently.
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References
- U.S. Equal Employment Opportunity Commission: Employers; The Charge Handling Process
- U.S. Equal Employment Opportunity Commission: Youth at Work Frequently Asked Questions
- U.S. Equal Employment Opportunity Commission: Overview
- U.S. Equal Employment Opportunity Commission: Employees & Applicants; The Charge Handling Process
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