Don’t let your claim go to waste!
In 2015, the U.S. Equal Employment Opportunity Commission processed 89,385 employment discrimination claims. That’s just under 245 claims per day. So if you have an employment discrimination claim you want to make, you want to be sure it counts. Here are the specific steps you need to make, and the order you must make them in.
How To Properly File Employment Discrimination Claims
Step 1: Check Your Calendar.
While that might seem silly, one of the primary reasons the EEOC is obliged to throw away claims is because people are making what is classified as an ‘untimely charge.’ In fact, you have 180 days from the time the discrimination took place to the time of filing discrimination charges. That deadline extends to 300 days if there are also local or state laws that prohibit the same kind of employment discrimination.
Step 2: Determine Your Rights.
That can be done either by completing the EEOC’s Online Assessment tool or in a consultation with a lawyer.
Step 3: File Your Employment Discrimination Claim
You can either start the process by phone or in person. If you contact the EEOC to give basic information about your charge, they will then forward that information onto their field office which will then contact you directly.
You can also send a signed letter to the EEOC explaining your charge, including the following information (as listed on the EEOC’s website):
- Your name, address, and telephone number
- The name, address and telephone number of the employer (or employment agency or union) you want to file your charge against
- The number of employees employed there (if known)
- A short description of the events you believe were discriminatory (for example, you were fired, demoted, harassed)
- When the events took place
- Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information)
- Your signature
Step 4: Mediate, or Sue
Often, the EEOC will settle a charge through mediation, a process that takes 3 months on average. However, it can take up to 10 months to settle, and at the end of that time, the EEOC cannot guarantee that they will be able to determine that the law was violated. In this case, they will dismiss your charge with a ‘Notice-of-Right-To-Sue.’ At that point, reporting job discrimination is taken to the next level.
You can file a lawsuit within 90 days of receiving your ‘Notice-Of-Right-To-Sue.’ For more information on how to file a lawsuit, or to speak with a winning attorney, contact TMH Law today. In employment discrimination claims, experience counts: results matter!