|
The EEOC (Equal Employment Opportunity Commission) process begins with the employee contacting an EEOC counselor within 45 days of the alleged discrimination. The counselor will ask about the details of the incident, and will be the first gateway through which the story of discrimination must pass. The counselor will advise the person of his or her rights, and will try to informally resolve the matter. If the matter cannot be resolved within 30 days, a formal complaint must be lodged at an EEOC field or district office. The charge must be filed within 180 days of the discrimination. The EEOC may make available Alternative Dispute Resolution (ADR) to try to solve the problem. If this does not work, the EEOC will analyze the complaint itself, to see if the law seems to support the charge. The EEOC may dismiss a claim if, from the given facts, there is no chance of discrimination. The next step is for the EEOC to launch an investigation into the incident. This includes interviewing witnesses, requesting documents, and collecting any other evidence of discrimination. The EEOC may present an offer or solution to the person. If the person does not accept the offer, he or she has the right to request an “administrative hearing,” which is like a trial. An EEOC administrative judge will make a decision as to what kind of compensation the person deserves. If the person does not agree with the decision, he or she can appeal to the EEOC. If the person still does not agree, he or she has the right to file a “civil action” in a state or federal court. From here, the case follows the traditional process of civil procedure. |
