Steps in the EEOC Claims Process

Any employee who has faced unlawful employment discrimination and is protected under a federal law will most likely need to begin the claims process by filing a Charge of Discrimination with the US Equal Employment Opportunity Commission (EEOC). To be clear, unless you are planning to file a claim under the Equal Pay Act, you cannot immediately file a lawsuit against a potential or current employer under federal laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA). Rather, you will need to initiate your case by filing a Charge of Discrimination through the EEOC.

What should you expect the steps to be in this process? Our Palm Beach Gardens employment discrimination lawyers can tell you more, and we are here to speak with you today about any questions or concerns you have about filing an employment discrimination claim in Florida.

Gathering Evidence to Support Your Claim 

Before you file a Charge of Discrimination with the EEOC, you will need to gather as much evidence as possible to support your claim. You should do this with assistance from a Florida employment discrimination attorney who has experience handling cases similar to yours.

Accounting for the Time Limit on Your Claim 

You will only have a short window of time in which to file a Charge of Discrimination with the EEOC. For most claims, including any filed under Title VII or the ADA — including discrimination claims on the basis of race, sex, gender, religion, pregnancy, disability, or sexual harassment — must be filed within 180 calendar days from the date of the discriminatory act or behavior or action. For age discrimination claims, since Florida has a state law prohibiting discrimination on the basis of age, these EEOC claims under the ADEA must be filed within 300 calendar days from the date of the discrimination.

Filing Your Charge of Discrimination and Waiting for the EEOC’s Response 

Next, you will file your Charge of Discrimination, which will involve providing detailed information and evidence to the EEOC. The EEOC will then determine whether and how to investigate the claim. Often, the EEOC will attempt to resolve the issue with mediation and a settlement. If mediation does not resolve the issue, then the EEOC may begin an investigation.

EEOC Will Issue a Determination

 If the EEOC moves forward with an investigation, you will typically wait for a number of months until the investigation is complete. At that point, the EEOC will issue a determination, which will find evidence of unlawful discrimination or will result in a dismissal. Even if the EEOC dismisses the claim, you may have the option to move forward with an employment discrimination lawsuit.

Contact a Palm Beach Gardens Employment Discrimination Attorney 

Do you have questions about filing a federal employment discrimination claim, or do you need help with your Charge of Discrimination? An experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office is here to assist you. Contact us today to get started on your claim.

Sources:

eeoc.gov/filing-charge-discrimination

eeoc.gov/time-limits-filing-charge

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.10.html