HOW DO I FILE A CLAIM WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION?
HOW DO I FILE A CLAIM WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION?
QUESTION: I work installing carpet in people’s houses. Last week, I was laid off. They said it was because there isn’t enough work, but there seems to be a ton of work. One of my co-workers said he heard I was laid off because I’m black, and the people in Oakland County, where we do most of our work, don’t like having blacks install their carpet. My friend said I should file a discrimination suit with the EEOC. How do I do that?
ANSWER: The Equal Employment Opportunity Commission (EEOC) investigates charges of unfair treatment based on sex, age, race, religion, pregnancy, gender identity, national origin, or disability. The EEOC does not have jurisdiction over all businesses: to file a claim of racial or sexual discrimination, for instance, you must work at a firm that employs at least 15 people. For a claim of age discrimination, the business against which the complaint is made must employ at least 20 people.
If you think you were treated unfairly on the basis of your race, sex, age, etc., you can file a claim at the local EEOC field office. If you need to get information on the location of that office, you can call the EEOC at 1-800-669-4000 and they can provide you information about what you need to file your charge. However, you cannot file a charge over the phone. You can write to the EEOC and file a charge by mail. All the EEOC needs to get started is:
Your name address and telephone number
The name address and telephone number of the employer you want to file your charge against
The number of employees who work there (if known)
A description of the events you believe were discriminatory (for example, that you were let go)
When the events took place
Why you believe you were discriminated against (in your case, because of your race)
Your signature
Once you have filed a charge with the EEOC, they will review it to determine if there was a violation of the law. If they do not find a violation, you will be given a Notice of Right to Sue, and can file a lawsuit in court. If you decide to take your case to court, you should contact an attorney.
If the EEOC finds there is a violation of the law, it will try to reach a settlement with your employer. If they can’t reach a settlement, your case will be referred to EEOC or Department of Justice legal staff who must decide whether the EEOC will file a lawsuit on your behalf. If the EEOC takes your case, and brings a lawsuit on your behalf, you will not have to hire an attorney. Unfortunately, the EEOC does not have the resources to file a lawsuit in all cases in which they find discrimination. If they decide not to file the lawsuit, they will give you a Notice of Right to Sue and, again, you can file a lawsuit against your employer in court. For most claims, you must file your lawsuit within 90 days of receiving the Notice of Right to Sue.
Unsure how to proceed? The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
HOW DO I FILE A CLAIM WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION?