Legal Process - Filing a Discrimination Complaint

Essay by lindy0116University, Bachelor'sA+, July 2005

download word file, 4 pages 0.0

The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws enacted to prevent job discrimination. They are also involved in oversight and policy making as it is related to job discriminations. Any individual who feels their employer has discriminated against them for any of the reasons overseen by the EEOC has the right to file a complaint. This paper will review the process an individual must follow to file a claim of discrimination against their employer with the EEOC and possible subsequent civil litigation.

As with any government process, the steps to successfully making a claim of job discrimination are precise. Failure to follow them exactly could result in even the most valid claim being denied. The EEOC's website ( outlines in detail the steps to be taken to file a claim.

Any individual who believes their employment rights have been violated can file a claim with the EEOC. Files can be claimed on behalf of the individual by another individual, organization, or agency if it is necessary to protect the identity of the first individual.

They may file the claim by mail or in person at an EEOC office and it must be filed within 180 days of the alleged offense. Exceptions to this would be if the charge could also be covered under any state or local laws or if the claim is related to pay and falls under the Equal Pay Act. In these cases the filing deadline is extended to 300 days after the alleged offense. The next steps in the process, following notification of the employer, are outlined below and can also be found on the EEOC website.

A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may...