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Process of Filing a Racial Bias Claim
If you have been subjected to racial bias in your workplace, what should you do? Your best option is to file a claim with the Equal Employment Opportunity Commission (EEOC).
Your first step should be to call the EEOC’s general number. While you cannot file a claim over the phone, the EEOC’s counselors will give you general advice as to whether you have a valid claim. You will then be referred to your local EEOC field office, where you can file your claim. You generally only have 180 days from the date of the incident of racial bias to file with the EEOC.
Once your claim is filed, an EEOC representative will discuss your claim’s strengths and weaknesses with you. The decision on whether to proceed is up to you. If you do decide to continue, the EEOC will continue its investigation.
Generally, the EEOC will order your employer to stop engaging in the racial bias, and will mediate between you and your employer. This mediation approach is generally successful.
If these approaches are unsuccessful, the next step to consider is a lawsuit. The EEOC will possibly file a racial bias lawsuit against your employer on your behalf. More likely, you will receive a “Notice of Right to Sue,” which allows you to file a lawsuit against your employer within 90 days.
Finally, if the EEOC instead finds that there was no racial bias, your claim will be dismissed. You have the right to appeal this decision, but you need to either show additional evidence of discrimination, or be able to explain why the EEOC’s decision is flawed.
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