Little Rock Employment Lawyers Assist with EEOC Claims
Determined representation for Arkansas workers fighting discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) is an independent agency of the U.S. government that processes complaints of discrimination in the workplace. Created by the Civil Rights Act of 1964, the EEOC has the power to investigate and remedy complaints that fall within the purview of that landmark legislation. If you are considering filing a complaint with the EEOC, you should first get reliable advice from a knowledgeable employment law attorney at McMath Woods P.A.. The EEOC is extremely busy and its resources are stretched thin. Professional preparation of your complaint is crucially important, so the agency can understand your complaint, assess the weight of evidence, and deliver the remedy you deserve.
What types of claims does the EEOC handle?
The EEOC manages employment discrimination complaints alleging unlawful treatment such as harassment, termination, unlawful retaliation or other material discrimination on the basis of:
- Age
- Disability
- Genetic information
- National origin
- Pregnancy
- Race/color
- Religion
- Sex
The EEOC also handles complaints of sexual harassment and unlawful retaliation against workers who exercise protected rights.
Guiding you through the EEOC claims process
Employees who are victims of discrimination can file a charge with the EEOC asserting that an employer has behaved in an unlawfully discriminatory manner. In virtually all instances, you must file your charge within 180 calendar days of the discriminatory conduct or retaliation. In cases of ongoing discrimination, such as harassment, the EEOC will investigate previous incidents even if they occurred outside the time limit. Equal Pay Act complaints have a two-year deadline from the date of the last discriminatory paycheck.
Within approximately 10 days of your filing, the EEOC sends notice of the complaint to your employer. In some cases, the EEOC will ask you and your employer to enter mediation of the dispute. If your charges are not timely, your employer does not have the requisite number of employees, if the reviewer determines your charges are not directed towards a relevant law, or if the reviewer decides an investigation would probably not uncover a violation of the law, the EEOC closes the investigation.
If the investigation goes forward, the EEOC asks the employer to file a written answer to the charge, called the Respondent’s Position Statement. The EEOC forwards the Position Statement to you, and you may have an opportunity to respond or provide additional information or evidence of discrimination or retaliation.You have the right to amend your charge by adding information on subsequent discriminatory acts. Generally, the EEOC takes about 6 to 8 months to investigate a charge. Successful mediation can reduce the time substantially.
If the EEOC determines an employer did discriminate, it can issue a finding of discrimination and pursue a formal process to determine if settlement is possible.
If the EEOC investigation does not determine that discrimination occurred, the EEOC will issue a Notice of Right to Sue, which will allow you to take your case to federal court, or in some instances to state court.
The EEOC admits the depth of its investigation depends on “the amount of information that needs to be gathered and analyzed.” You can help your case enormously by consulting an experienced employment attorney prior to filing your charge. By working with our legal team, you can put together a highly professional filing with the type of substantive evidence that compels action and delivers results.
Contact an accomplished Little Rock employment lawyer for EEOC complaints
Resolving your discrimination complaint can be a long, complex process. Fortunately, you can get reliable advice and strong representation from McMath Woods P.A.. Call us today at 501-502-0985 or contact us online. Our Little Rock office is conveniently located at 711 West Third Street, just three blocks west of Broadway.