What to Know About the Employment Equal Opportunity Commission (EEOC) Charge Process
Los Angeles EEOC Lawyers Explain What Happens When You File an EEOC Charge for Workplace Discrimination
The Equal Employment Opportunity Commission (EEOC) is a government organization that oversees and enforces all federal laws that make employment discrimination illegal. The EEOC investigates workplace discrimination claims and will file a report of their findings. From there, the discrimination at work case either be dismissed, resolved, violations will be enforced by the EEOC or the worker will be given the right to sue.
Dealing with discrimination in the workplace is never easy, but our team of dedicated EEOC lawyers in Los Angeles can help you through the process of filing and fighting a federal case. Our nationally recognized firm has a reputation for standing up for employees’ rights. If you have been the victim of workplace discrimination, we can put our experience to work for you.
What Kinds of Job Discrimination Cases Will the EEOC Investigate?
The EEOC investigates discrimination in all aspects of employment. Any unfair hiring or firing practice, compensation requirements, promotion conditions, benefit programs or recruitment practices can fall under the authority of the EEOC. Essentially, if you are denied any opportunity based on protected classes, such as race or gender, that do not have anything to do with your qualifications, you may have grounds for a workplace discrimination case.
Workplace discrimination can sometimes be much more subtle than an obvious case of wrongful termination or unfair compensation. It can include workplace harassment based on race, nationality or religion. This includes sexual harassment and any other harassment that occurs with enough frequency or severity that it creates a hostile work environment.
Retaliation against an employee who has filed discrimination charges or been a part of a previous discrimination investigation is also illegal under federal employment law and may be investigate by the EEOC.
When Will the EEOC Start an Investigation?
There are several conditions that need to be met in order for the EEOC to start an investigation or to settle a charge of workplace discrimination. One of the most important qualifications needed to start an EEOC investigation is that your employer must employ at least 15 people (or 20, depending on the type of discrimination being investigated). If you would like the EEOC to investigate your workplace, you must file a charge.
The EEOC also oversees laws relating to equal pay. These laws make it illegal for your employer to pay you less based on any protected factors other than your job performance and qualifications. One of the most common types of equal pay disputes is related to gender discrimination, and involves female employees who are paid less than their male counterparts for doing the exact same jobs.
However, the EEOC does not have authority over cases of workplace discrimination based on sexual orientation at this time. However, there are several California laws that prohibit sexual orientation discrimination and other hate crimes in the workplace, including the Ralph Civil Rights Act and Bane Civil Rights Act.
How Can the EEOC Help Me?
During an investigation, the EEOC will try to resolve the problem you are experiencing at work. If it cannot be resolves, they can file a lawsuit against your employer. More commonly, the EEOC will issue you a “right-to-sue” letter, which allows you to file employment discrimination charges yourself.
The EEOC will investigate charges of workplace discrimination and wrongful termination. However, it is a federal organization, not a law firm. In order to file a workplace discrimination case, you need the help of a qualified California employment attorney.
One of our EEOC lawyers can help you file a discrimination charge, will guide you through the EEOC process and can explain the options you may have if you experienced discrimination in the workplace. Federal laws are only one part of the legislation that prohibits employment discrimination. California state laws, such as the Fair Employment and Housing Act, can also apply to your case and may even prove to be more beneficial to you.
In short, an EEOC investigation and “right-to-sue” letters are some of the many tools your attorney can use to help you stand up for your rights.
Do I Have a Workplace Discrimination Case? Contact Our EEOC Lawyers Today
If you have experienced discrimination in the workplace, the employment law attorneys at Kesluk, Silverstein & Jacob may be able to help you. We have helped hundreds of people in the Los Angeles area fight for their right to workplace equality. Contact us online or call our office at (310) 273-3180 for a free case evaluation.