Discrimination & The EEOC
EEO Consultations
Have a question that you don’t see here, Contact Us about it! What is the best way to fight workplace discrimination? The best way to fight workplace discrimination is to report the discrimination to the human resources department, supervisor or other person of authority and then allow the employer a period of time to eliminate the discrimination. If the discrimination continues or if the employer refuses to address the behavior, then the employee should consult an employment law expert to see what rights he or she has in filing a complaint with a federal or state agency that enforces the laws on discrimination. Most companies have a discrimination policy or employee handbook that details how to make reports of discrimination. Use this as a guide; identify the correct person to report the discrimination to and then submit a letter detailing the problem in writing (so that you have a record). You want the employer to take immediate action but you also want them to handle the matter delicately so that you can continue to work; request that they make ll attempts to keep your name confidential during the investigation process in order to avoid further agitating the situation. For a sample letter, click here. What steps can I take to end Sexual Harassment? The best thing to do is to confront the harasser. Experts say that this works 90% of the time. However, if you feel that it is not appropriate or sensible to do so, you may wish to skip this step and report it directly to human resources. However, remember that you have to make it clear to your harasser that you find their behavior unwelcome. This is critical to the definition of sexual harassment. Here are some tips to clearly communicating your disapproval to your harasser:
How long do I have to file my charge? Generally, EEOC complaints must be filed within 180 days of the discriminatory event. If you are filing in a place that has state or local anti-discrimination laws, then the filing period is extended to 300 days. Please click here to use our deadline calculator. There are special time considerations for Age Discrimination and Equal Pay Act claims. Please visit these pages under our The Law & Protected Classes Section for additional details. How long will the EEOC take to process my charge? There is an average of 182 days between the time that a claim is file and when the EEOC renders a final decision. However, times may be shorter or longer depending upon the EEOC Office where the complaint is filed. I filed an EEOC Complaint and I haven’t heard anything. How can I get a status? You can call the EEOC at 1-800- 669-4000 and provide your charge number to obtain a current status of your claim. They can also provide you the name and contact information of anyone currently assigned to your case. You always want to ensure that the EEOC is aware of any changes to your contact information. Finally, you want to keep in mind that the EEOC process can be a lengthy one, sometimes taking up to 12 months. What types of remedies am I entitled to? Depending upon the circumstances surrounding your claim, you my be entitled to one or a combination of the following: back pay, hiring, promotion, reinstatement, front pay, and/or reasonable accommodation. In some circumstances, you may also receive attorneys’ fees, expert witness fees, court costs, compensatory and punitive damages. The employer may also be required to take certain corrective measures to prevent future discrimination. Is the process different for federal employees? All employment discirmination claims involving federal agencies, must be filtered through a administrative process before review by the EEOC. The process is as follows:
I am an employer and I received notice of a discrimination complaint filed against my business. What do I do? EEOC guidelines require that you be notified within 10 days of filing of the charge. You will also be provided with the name and contact information of the investigator. Rather than presuming that charges are frivolous, you should conduct a thorough, neutral internal investigation into the allegations in the complainant’s charge. You will be asked to provide a Statement of Position which details your position regarding the claims in the charge. You may also be asked to respond to a Request for Information, which could request information regarding personnel policies and personnel files. In some instances, you may also be asked to permit an on-site investigation by the investigator where the investigator may request to interview witnesses. You are permitted to sit in on interviews of management level personnel but not those of any other employees. It is unlawful to retaliate against an employee for filing a discrimination claim, or participating in an investigation as a witness, or testifying at trial. You may be asked to post notices to your employees to this effect. It is best to treat the charges confidentially and only let the necessary personnel know about the charge in order to avoid retaliation by other employees. If you feel that you are able to do so without making the employee feel intimidated, you may wish to make clear to the employee that filing the claim will have no adverse effect on their job and that retaliation personnel will not be tolerated. The most important factors to remember for a respondent are to be responsive, accurate, retain relevant documents and communicate with your investigator. Remember the investigator is a neutral party attempting to ascertain the merits of the discrimination claim. If you destroy documents or are uncooperative, the investigator may perceive it as attempt to hide discriminatory activity. It is also advisable to use this as an opportunity to evaluate your EEO reporting procedures and make adjustments accordingly. We offer a range of comprehensive services to assist employers. Click here for more information. I feel that I have been discriminated against because of my sexual orientation. What are my rights? At this time, there are no federal laws in place that specifically prohibit discrimination on the basis of sexual orientation and as such the EEOC does not recognize being gay or lesbian as a protected class. However, you may be protected under your state or local anti-discrimination laws. Click here to see if your state has protections. Depending upon the nature of the discrimination, you may be able to file a general civil lawsuit if you have experienced harassment, assault, battery, defamation, wrongful termination, interference with an employment contract, invasion of privacy or intentional or negligent infliction of emotional distress. You should consult an attorney if you have experienced any of these during your course of employment due to your sexual orientation. Lambda Legal is a great source for obtaining legal information and finding attorneys who specialize in gay, lesbian and bi-sexual rights. Are you affiliated with the federal agency, The Equal Employment Opportunity Commission (EEOC)? No, we are in no way affiliated with the EEOC. We operate as private, independent, legal consulting firm and we assist our clients in better understanding the laws that the EEOC is charged with enforcing as well as how to best navigate the EEOC’s complaint process. What geographic areas do you service? We provide services to individuals in the United States and its territories. In addition, if you are on an overseas project, working for an U.S. company, we may be able to assist you. What are your hours of operation? Our office hours are Monday thru Friday 9am – 5pm EST. What forms of payment do you accept? Do I have to pay online? We accept Visa, Mastercard, American Express Discover and Paypal. If you would prefer not to transmit your financial information online, you may also call us at 1-888-812-1511 and provide your information via phone. Checks, money orders and cashier’s checks can be mailed to: EEO Consultations, LLC , Attn: Sales Department, 541 10th Street, Ste #420, Atlanta, GA 30318. What is the difference between a complaint that is drafted by an attorney and one that is self-drafted or done with an EEOC Intake Officer? The easy explanation is that a complaint written by an attorney not only states the discriminatory act but also shows how this act meets all the legal requirements under the law. Having a legal expert involved better filters out questions about the discrimination, specifically what happened, who’s involved, when it started, etc. The attorney may be aware of alternate legal theories that may be used as a basis for your claim. The attorney will draft a complaint that shows how you were discriminated against and, more importantly, how the instances complained of meet every aspect of the laws. There are a large number of complex laws related to employment discrimination. If a person who is unfamiliar with the legal aspects of discrimination drafts your complaint, there is a greater likelihood that they may misstate or forget to include something in the complaint that will turn out to be of primary importance as the case proceeds. Why do I need the services of EEO Consultations? Can’t the EEOC help me? Most employment discrimination claims must be initially processed by the EEOC. Unfortunately, like most government agencies, the EEOC is severely understaffed and under funded and lacks the resources to properly deal with the volume of complaints they receive. To deal with the volume, the EEOC generally classifies incoming complaints into one of three categories. 1. Those likely to result in a finding of discrimination. 2. Those that cannot be immediately assessed one way or the other, and 3. Those unlikely to result in a discrimination judgment The classification assigned generally determines the amount of resources devoted to processing the charge. In most cases, the key to filing a successful charge with the EEOC is really about trying to get the most favorable classification and maximize the amount of resources devoted to processing your claim. Filing an EEOC complaint is a free process: you may do so by visiting or calling a local EEOC Officer, completing an online questionnaire, completing Federal Form 283 or submitting a statement indicating information about yourself, the respondent, and a brief description of the alleged violation. The problem is that a large percentage of charges received by the EEOC fail to clearly establish cause or fail to meet the legal standards under the statute. In other words, individuals do not provide the needed information, fail to adequately answer the questions, or elaborate extensively on matters that are unimportant. EEO Consultations is about providing you with resources that help you understand and defend your rights. We recognize that the EEOC process is a daunting procedure and attempt to provide you with the tools to appropriately navigate your way through it and get results. Whether its answering your questions, providing user friendly forms and guidance, completing and submitting complaints on your behalf or reviewing the details of your case and providing you advice, we’re here to assist. When is the best time to have a consultation? We feel that we can assist individuals at any stage, whether they are just wondering if they have been discriminated against or they have just received a right to sue letter from the EEOC and are preparing to fie a lawsuit. With that being said, we generally feel that the sooner you consult a qualified expert, the better. This is simply because the earlier in the process that you obtain the needed information the more options you have. Please see our blog entry here for details on this topic. How do your consultation services work and how are they scheduled? Upon the purchase of a consultation or drafting service, we will send you a Service Preparation Questionnaire via email. We request that you briefly complete the questionnaire will complete a brief questionnaire providing us with contact information as well as giving us a brief overview of your problem. We will review the information and then contact you within 1-3 business days. At this time, you may choose to have your consultation or schedule it for a more convenient time. You may also call us at 1-888-812-1511, ext. 2 to schedule your consultation. Each consultation session is different and customized to suit the individual’s situation. However, this is generally what you can expect from a consultation session with us: One of our attorneys will contact you and clarify the facts surrounding your claim, provide you with information on the relevant laws, the best way to preserve your rights, the likelihood of success on your claim, and most importantly, they will answer any questions that you may have. Depending upon the complexities of the issues involved, consultations generally last from 30 minutes to an hour. We have adopted flat rate pricing for the majority of our products and services to permit our clients to effectively budget their legal expenses. We feel that this enables us to best keep with our client-centered mission. and encourages clients to feel free to ask questions during the consultation session without worrying about escalating costs. A billable rate may apply for additional requests and services outside the scope of the initial consultation or complaint drafting request. The large majority of our clients are able to fully obtain their services without being subject to a billable rate. Other services such as a employer solutions are priced based upon the nature and complexity of the project. For a customized quote of these types of services, please Contact Us. We do not offer complimentary services. |
