EEOC Attorneys: Help Filing a Claim & Fighting Alleged Violations
Do you want help filing an EEOC complaint? If your employer is violating anti-discrimination laws or labor laws for fair pay, an EEOC attorney at our firm can help you file a claim. While it is possible to make an EEOC claim on your own, hiring an employment lawyer with experience handling employee rights violation claims is the best decision you can make. Our attorneys will gather the evidence, witnesses, and other information needed to prove your claim and get you the compensation you deserve.
If you are an employer or own a company that received an EEOC complaint, we can represent and defend your company’s interests with a strong offense long before the case ever goes to trial. EEOC complaint representation is necessary to build a strong case for employers; disproving false allegations of discrimination, unfair pay, and labor law violations.
When Should An Employment Discrimination Claim Be Pursued With The EEOC?
If you have been discriminated against because of your race, religion, pregnancy, skin color, nationality, age, gender, or disability, you should hire an EEOC lawyer to help you file a claim for employment discrimination. Although employment discrimination is illegal, in some cases it may not be actionable enough to justify the financial and emotional expense of filing a lawsuit. In other cases, an otherwise actionable discrimination claim can be more easily resolved outside the court process through mediation or binding arbitration to find a remedy or agree on a settlement out-of-court.
Regardless of whether you hope to file a lawsuit against your employer for compensation or are more interested in pursuing your alternative dispute resolution remedies, your claim must first pass the Equal Employment Opportunity Commission (EEOC)’s investigatory process. The EEOC has a strict process that all complaints must follow before becoming eligible to file a lawsuit against your employer in federal court. You can’t officially file a lawsuit against your employer until the EEC issues you a “right to sue” letter with permission.
What is the EEOC’s role in resolving employment discrimination claims?
The EEOC is designated as the enforcement authority for all federal antidiscrimination laws. Because of the diversity of today’s workforce and the number of protections extended to employees (and resulting violations by employers), bringing each employment discrimination claim to court could clog federal dockets in an unprecedented way. On the other side of the coin, requiring workers to hire legal counsel in order to merely investigate a potential claim of employment discrimination could unwittingly send employees into the shadows.
That’s why our EEOC lawsuit attorneys take cases on a contingency basis for employees that have endured discrimination at work. That means if we decide to represent you in a qualifying claim against your employer for EEOC violations, you don’t pay us anything up front. We simply take a percentage of the settlement negotiated or lump sum awarded in trial.
The EEOC is equipped to investigate complaints to determine whether there’s any basis to sue (or any possibility of an alternative resolution to the dispute) before giving the employee the go-ahead to file his or her own lawsuit in federal court. Once a case has been fully briefed and the employee has received a right-to-sue letter from the EEOC, he or she is free to sue (or not) as the situation warrants.
State Level EEOC Enforcements
On a state level, each state has its own department or office to handle the same functions as the EEOC. Because some states like California have much more expansive employment laws than exist at the federal level, these agencies are designed to handle employment and housing complaints based on both the provisions that parallel federal laws and those that exist on their own.
For example, Texas law protects against discrimination by political affiliation; while a Texas employee experiencing this type of discrimination may have no recourse under federal law and no reason to go through the EEOC, he or she would instead be able to file a complaint with the Texas Workforce Commission.
Does the EEOC handle labor law violation complaints for wage and pay violations?
If your employer is violating labor laws by not paying you minimum wage, you are not allowed sufficient breaks or meal time, or you are not being paid for overtime for working over 40 hours a week, you should hire an attorney to help you file a claim with the Department of Labor’s Wage and Hour division. The DOL’s WHD handles labor law complaints and enforcement.
What EEOC dispute resolution options are provided through federal or state agencies?
An employment discrimination dispute can be resolved in a variety of ways. In some cases, especially if you’re still working with the employer that engaged in discrimination or harassment, you may be satisfied with something as simple as an apology and termination of any employees that took part in the harassment. In other cases, reinstatement to a job or old position may be satisfactory relief. In still other situations, you may be satisfied only with a monetary judgment or settlement and do not wish to return to work there.
State agencies operate in similar ways, although the availability of binding processes like arbitration tends to be limited in employee-friendly states like California. However, most state equal employment commissions will require employees to at least attempt the alternative dispute resolution process before moving forward except in a small subsection of cases.
What can you expect after filing a complaint with the EEOC?
There are some fairly strict timelines to which an EEOC claim is subject. However, the statue of limitations and other rigid timelines can make the process more predictable. An EEOC discrimination, harassment, or employee rights violation complaint must be filed:
- Within 180 calendar days of the incident (or 300 days if a local agency enforces local laws prohibiting the same type of discrimination), you’ll need to file a claim with the EEOC.
- If you’re dealing with ongoing harassment, the statute of limitation will expire 180 (or 300) days from the most recent incident; however, it’s usually better to file as soon as you can.
- Within 10 days after a complaint is filed, the EEOC will notify the employer.
After the employer is notified, the EEOC will attempt to mediate the claim to come to a resolution that’s satisfactory for both of you. If efforts at resolving the case through mediation fail but the EEOC determines you have a facially viable claim, you may then be issued a right-to-sue letter giving you leave to file a civil lawsuit in federal court for compensation and punitive damages.
Contact an EEOC Lawyer: Get the Compensation you Deserve
Call Baron & Budd today to schedule a consultation with our EEOC attorneys for employment discrimination and harassment complaint filing. We have over three decades of experience holding companies accountable for violating employee rights. We are also a leader in employment law representation for businesses facing invalid EEOC complaints. Call XXX-XXX-XXXX now to schedule an appointment or send us an email to reserve a time.