EEOC Representation for Florida & Texas Workplace Claims
If your legal rights have been violated in the workplace, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). These complaints can be filed by federal employees as well as employees in other public or private companies. However, the procedures differ for these two categories. Complaints, called charges of discrimination, are based on discrimination against you because of your race, national origin, color, religion, sex, age, disability, or genetic information. Sex discrimination includes discrimination based on pregnancy, gender identity, and sexual orientation as well. All of these are protected characteristics under federal anti-discrimination laws.
Filing an EEOC claim can be a daunting prospect. You will want to ensure that your claim is done properly and that you have sufficient documentation and evidence to back up such a claim. Filing these claims is a serious matter because you are accusing your employer or potential employer of discriminatory behavior. The Employment Lawyers, focuses exclusively on employment law which means we are uniquely qualified to evaluate your situation and advise you on how best to proceed. We can help you file EEOC charges, negotiate with employers, or take your case to civil court.
According to the EEOC, you have the right to file a complaint in the following situations:
- You have been subject to unfair treatment/discrimination in the workplace because of the protected characteristics mentioned above.
- You have suffered harassment at work based on those characteristics.
- You have suffered unfair treatment or harassment because of making a discrimination complaint to your employer or because you were part of a discrimination investigation or lawsuit.
You must file a discrimination charge with the EEOC before you can file discrimination lawsuits against employers. Depending on your case, you may have only 180 days to submit your claim to the EEOC. Once it is submitted, your employer will be notified of your claim. Once filed, you may be asked to participate in a mediation program with your employer. This gives you and your employer the opportunity to resolve the problem and your disagreements.
If your charge is not sent to mediation or if that method does not resolve the situation, the EEOC will usually require a written response from your employer. An investigation will then take place in which the EEOC gathers information, conducts interviews, and obtains documents so that it can make a determination on the matter. This can take up to 10 months. During this time, if new discriminatory events occur, you can add to your charge.
If the EEOC finds that discrimination did occur, certain types of relief may apply. The relief will depend on what discrimination took place and how you were affected. For example, if you were not hired or promoted, the remedy may be to have you hired or promoted and be given the back pay and benefits you would have received. You may also be entitled to compensatory damages such as for emotional anguish, out-of-pocket costs, job search expenses, legal fees, and court costs. The employer will also be ordered to cease any discriminatory behavior in the future and take action to prevent it.
If your EEOC charge fails for any reason, the EEOC will notify you of your rights. You may receive a Notice of Right to Sue which allows you to file a lawsuit against the employer in court.
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