[ Administrative Prerequisites ]

Many times plaintiffs do not have lawyers, which makes going to the EEOC or a state level office so important and vital. The following timeline is designed to let you know what happens at various stages. Filing dates and deadlines vary from each state, therefore local EEOC branch offices or state agencies should be consulted. Under Title VII, charges must be filed within 180 days of discrimination, if there is no state agency that handles these civil rights cases present in your state. If there is a work share agreement between the EEOC and the state agency (most states have these) then you have 300 days. However, the numbers goes to 240 days if there is no workshare agreement between the EEOC and your state agency.

Filing with the relevant agency is a jurisdictional racist for the American with Disabilities Act, Age Discrimination in Employment Act, and for Title VII. However, Section 1981, Section 1983, and Equal Pay Act claims do not have this requirement. The following has been adapted from the EEOC's explanation of their procedures. For that explanation, click here.

Who can file: Any one of the EEOC Commissioners can file a charge on behalf of individuals or a class of people so as not to subject anyone to retaliation.

How: A charge filed at a local EEOC office after interviews of the involve parties which are in person or by phone.

An EEOC investigator will meet with aggrieved party, an affidavit is made, and a jurisdiction inquiry made. If the EEOC has jurisdiction then they will proceed, if not then the case will be referred to appropriate state or federal agency.

Clarification and Charge drafting: If the merits of your complaint merit, the investigator will draft a charge that will take into account the basis for action and the circumstances surrounding any negative employment actions. This is a critical phase as a whole case will turn on how narrow or broad the charge is drafted and how convincing it is drafted. After the charge is signed (in person, sometimes sworn), it will accepted by the Commission.

Letters and Mailings: From this point notice of the charge will be sent out. Notice of the charge and an initial request for information will be sent to the defendant within 10 days. If you are still employed at the organization, you will have to be on the guard for signs of retaliation. Hopefully your officer will have prepared you with a proper response for your circumstances.

Remember that at this point that any position statement and answers to charges are all admissible in subsequent proceedings.

At this point a Response is received from the employer. Options include:

• Initial Settlement Offers - with some mediation
• Further investigation is done by the EEOC meaning that the EEOC will conduct interviews, document inspection, and additional requests based on their subpoena power to get evidence.

Pre-determination interview - at this point the party that looks to lose may be asked for more evidence. The case may be pulled from the process as the employer can settle. Conversely, the plaintiff can request right to sue letter immediately (they can get this at any time before the investigation) during the 180-day period determination period. For more on terminology, click here.

Then a Letter of determination is issued:

NO CAUSE - a right to sue letter will still be produced but will include the conclusion that there was no cause determined. The proceedings can go on, even if no cause found by EEOC. The investigation finding has little formal effect on the case itself as it's not even admissible because the investigation may have been informal. However, with the cost if substantial litigation and the discovery that comes along with it that may yield a stronger case can leave aggrieved parties in a lurch.

YES CAUSE - if the EEOC determines that there is cause to pursue matters then they will be compelled to initiate a settlement process. If conciliation fails because aggrieved party does not cooperate, then case closed, and a right to sue letter is issued. Here the EEOC is the settlement decision-maker. If employer does not agree to settlement then the case is referred to the legal unit. There the charge is analyzed to see if it can be litigated successfully.

YES LITIGATE
The case is now taken up by the EEOC at no cost to you. The case is filed in district court at anytime you have an absolute right to intervene in the proceedings.

[ At this point it would be useful to examine the litigation portions of this site.]