EEOC Charge of Discrimination, Defending and Resolving

U.S. EEOCCharge of Discrimination

If you have received a charge of discrimination, the Equal Employment Opportunity Commission (EEOC) website describes  The Charge Handling Process.  You may be asked to provide information.  The EEOC may send you a Request for Information (RFI), request an on-site visitand/ or request witness interviews of your employees.  You may also have the opportunity to submit a Statement of Position.

After completing the investigation, the investigator will

  • Issue a Dismissal and Notice of Rights that tells the charging party s/he has the right to file a lawsuit in federal court within 90 days from the date of receipt of the letter; or
  • Issue a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge, through an informal process known as conciliation; and
  • If the Charge is not resolved the EEOC has the authority to file a lawsuit in federal court to enforce violations of its statutes.  The  EEOC may  decide not to litigate and send the charging party  a Notice of Right to Sue allowing the charging party to file a lawsuit in federal court within 90 days.

It is our recommendation that you retain a lawyer to represent and guide you through the process as soon as you receive the Charge of Discrimination.  If you deal with the Charge seriously and correctly in the beginning, you may be able to get it dismissed or resolved to your satisfaction.  You  should not  ignore  or fail to respond to the EEOC.  Even if it is not dismissed, there may be a way to resolve the Charge without a lawsuit.  Three methods of resolution include mediation, settlement and conciliation.  These methods are described on the EEOC website Resolving a Charge.

An experienced Board Certified Labor and Employment Lawyer such as Michelle Jones may be able to help you through the process.

Board Certified Labor and Employment Lawyer

East Texas Attorney, Michelle Jones is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has over 23 years experience helping employers.  If you are an employer in need of a Labor and Employment Lawyer, please do not hesitate to call Michelle at 903-236-4990 or toll-free at 888-236-4878.