EEOC Charge Of Discrimination: Employer FAQ

How Will I Know If A Charge Of Discrimination Has Been Filed Against My Company?

The EEOC will notify the employer within 10 days of receiving a charge. Notification normally includes a copy of the charge briefly identifying the charging party, the basis (e.g., race, religion, sex, etc.) and issue(s) (e.g., hiring, promotion, discharge, etc.) of the allegation, and the date(s) of the alleged discrimination. Ordinarily, a plain language explanation of the EEOC charge process will be included, as well as explanations of the employer`s obligation to retain records pertaining to the charge and of the non­retaliation provisions of the EEOC laws. An invitation to mediate the charge may also be included in the notification package.

An EEOC Charge of Discrimination Says My Business Violated Federal Law. How Can They Say This?

While there are a few rare exceptions, ordinarily the charge must be filed by a member of the public who has contacted EEOC and alleged that a company has discriminated against him or her. The fact that the EEOC has taken a charge does not mean that the government is accusing you of discrimination. The charging party has alleged that your company has discriminated against him or her and it is the EEOC`s job to investigate the matter to determine whether there is reasonable cause to believe that discrimination has occurred.

What Records Am I Required To Keep If I Receive An EEOC Charge?

The EEOC Notice of Charge form that you receive should explain the agency`s record keeping requirements. When an EEOC charge has been filed against your company, you should retain personnel or employment records relating to the issues under investigation as a result of the charge, including those related to the charging party or other persons alleged to be aggrieved and to all other employees holding or seeking positions similar to that held or sought by the affected individual(s). Once a charge is filed, these records must be kept until the final disposition of the charge or any lawsuit based on the charge. When a charge is not resolved after investigation, and the charging party has received a notice of right to sue, final disposition means the date of expiration of the 90­day statutory period within which the aggrieved person may bring suit or, where suit is brought by the charging party or the EEOC, the date on which the litigation is terminated, including any appeals.

What Can I Expect To Happen In An EEOC Investigation?

If the EEOC dismisses a charge, it will not proceed further with an investigation. The charging party is notified of his or her right to file a lawsuit in court. A charging party may file a lawsuit within 90 days of receiving his or her dismissal notice. The laws also permit a charging party to choose to go to court instead of waiting for the EEOC to complete its investigation. Therefore, in some cases, the EEOC may issue a notice of right to sue upon the charging party`s request.

What Happens If A Charge Is Dismissed By The EEOC?

If the EEOC dismisses a charge, it will not proceed further with an investigation. The charging party is notified of his or her right to file a lawsuit in court. A charging party may file a lawsuit within 90 days of receiving his or her dismissal notice. The laws also permit a charging party to choose to go to court instead of waiting for the EEOC to complete its investigation. Therefore, in some cases, the EEOC may issue a notice of right to sue upon the charging party`s request.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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