Do I Need A Lawyer To File An EEOC Claim?

How do I file an EEOC charge?

A job discrimination complaint may be filed by mail or in person at the nearest EEOC office.

You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC’s Field Office List and Jurisdiction Map and selecting the office closest to you..

What are the 3 types of harassment?

Types of HarassmentRace, Religion, Sex, and National Origin. Title VII of the Civil Rights Act of 1964 prohibits harassment on the basis of race, religion, sex, and national origin.Age. … Disability. … Status as a Veteran. … Sexual Orientation and Marital Status. … Gender Identification. … Political Beliefs. … Criminal History.More items…•

What happens when the EEOC determines that an employer is guilty?

If the agency determines that discrimination likely occurred, it will issue a written determination and invite the parties to participate in conciliation discussions. If these discussions are unsuccessful, either the EEOC or the victim of discrimination can file a lawsuit.

How long does it take the EEOC to investigate a claim?

approximately 10 monthsHow long the investigation takes depends on many factors, including the amount of information that needs to be gathered and analyzed. On average, we take approximately 10 months to investigate a charge. We are often able to settle a charge faster through mediation (usually in less than 3 months).

Will the EEOC sue on my behalf?

Filing a charge of discrimination is a prerequisite to filing a lawsuit in court. So, before an attorney can file that lawsuit for you, the EEOC has to investigate your claims. Under certain circumstances, however, the EEOC may choose to file a lawsuit on your behalf.

How much does an EEOC lawsuit cost?

The EEOC secures about $404 million dollars from employers each year. Employee lawsuits are expensive. An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement.

Do you have to file with the EEOC before suing?

You must file your claim of discrimination with the EEOC (generally with the nearest office) before you are free to file a lawsuit for discrimination. The EEOC has the right to investigate the claim to determine its validity. The EEOC may find that discrimination has occurred and sue your employer themselves.

Does the EEOC investigate every claim?

The EEOC has authority to investigate whether there is reasonable cause to believe discrimination occurred. In many cases, the organization may choose to resolve a charge through mediation or settlement.

How much should I ask for in a discrimination settlement?

$50,000 to an employee if the employer has between 15 and 100 employees; $100,000 if the employer has 101 to 200 employees; $200,000 if the employer has 201 to 500 employees; and. $300,000 if the employer has more than 500 employees.

What are the chances of winning an EEOC case?

That means that the odds of the EEOC filing suit on your behalf are about one in 1000, or 1% (133/88778=. 001). So the statistic continues to hold true for another year. Employers often complaint that the EEOC is unfair to them, but the numbers don’t lie.

Is an EEOC charge serious?

Even when you think you have done everything right, you may still face a complaint under EEOC regulations. While an internal complaint at your company can be easy to resolve, charges filed with an official agency may have serious consequences if not handled correctly.

Is it worth it to sue your employer?

If you sue your employer, it won’t be enough for you to prove that your employer made the wrong decision, or even that your employer was a no-goodnik. If you don’t have a valid legal claim against your employer, then you will ultimately lose your case. One big reason to think twice before you sue.