The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws that prohibit discrimination in employment. The EEOC has the authority to enforce a variety of federal anti-discrimination laws, including:
An employee who works for an employer to which these federal laws apply, i.e., an employer with 15 or more employees, may not sue for employment discrimination in a federal court without first going through the EEOC or other state agencies that function as the EEOC does in the state in question to deal with employment discrimination.
The authority of the EEOC and the federal laws that it enforces apply across the entire U.S. So an employee at a company in California has every right to rely on the protections that the EEOC and federal laws offer. An EEOC claim has to be filed within 180 days of the wrongful or discriminatory conduct. If an individual also plans to file a complaint with the California Civil Rights Division, as they may, then the deadline for filing with the EEOC extends to 300 days.
In addition, California law also prohibits discrimination. An individual who believes that they have been the victim of discrimination may file a complaint with the California Civil Rights Division (CRD). This state agency is the California equivalent of the federal EEOC. An employee who wants to complain about workplace discrimination may file a complaint with either or both the EEOC and the CRD.
Complaints to the EEOC and the CRD would allege discrimination based on race, color, national origin, religion, age (40 and over), disability, medical condition, genetic information, gender, pregnancy status, sexual orientation, marital status, and/or military and veteran status. A legal consultation in California with a California lawyer would give a person additional information.
How Do I File a Discrimination Complaint in California?
A complaint of discrimination can be filed online at the CRD‘s website and/or at the EEOC‘s website.
The EEOC also accepts complaints submitted by the U.S.P.S. It may take the form of a letter that would contain the following information:
- The complainant’s name, address, and telephone number
- The name, address, and telephone number of the employer whose conduct is the subject of the complaint
- The number of employees employed by the employer, if the complainant knows
- A brief description of the events that were discriminatory, e.g., firing, demotion, harassment for a discriminatory reason
- When the events took place
- The complainant’s signature
What Is an EEOC Right-to-Sue Letter?
A right-to-sue letter issued by the Equal Employment Opportunity Commission (EEOC) gives an individual permission to file a lawsuit in federal court alleging discrimination in their employment. An individual receives a right-to-sue letter after they have submitted a complaint to the EEOC of the California CRD and those agencies have exhausted their procedures regarding the complaint.
Or, the CRD issues a right-to-sue letter at the request of an individual who does not want a CRD investigation. Once the CRD issues the letter, it means that the CRD is not going to investigate the claim and will not do so even if the individual decides not to file a private lawsuit in court at a later date.
If an individual were to file a discrimination lawsuit in federal court before they have received a right-to-sue letter from the EEOC or the CRD, a judge would likely dismiss it on the grounds that the complainant did not have a right-to-sue letter from the EEOC or the CRD.
How Do I Request a Right to Sue Letter in California?
Again, an individual should recognize that once they have received a right-to-sue notice from the CRD, the CRD will not investigate their complaint. An individual has 1 year from the date of issue of the right-to-sue letter to file their lawsuit.
As noted above, to obtain a federal right-to-sue letter, a person must submit a request to the EEOC. A right-to-sue letter from the EEOC gives the person who receives it permission to file an employment discrimination lawsuit in federal court. Again, without one, a person who files suit is likely to have it dismissed by a judge.
Specifically, the EEOC issues an individual with a “Dismissal and Notice of Rights,” which means the EEOC has chosen not to move forward with the individual’s complaint and they have the right to file a personal lawsuit in federal court alleging discrimination.
Or, the EEOC issues a “Letter of Determination,” or “Cause Determination,” which signifies that an EEOC investigator has decided that the complainant has a valid claim. The EEOC then recommends mediation between the employee and their employer.
If mediation does not work, or if one of the parties declines mediation, the EEOC issues a right-to-sue letter. In certain cases, the EEOC itself files a lawsuit on behalf of a person. This happens if the EEOC believes that the case has particular merit.
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Are There Special Considerations for Age and Equal Pay Claims?
As has been noted above, most claims of employment discrimination require that a person have a right-to-sue letter before they can file a lawsuit in court. There are exceptions for lawsuits that allege the following:
- Violations of the Equal Pay Act or
- Age discrimination under the Age Discrimination in Employment Act of 1967 (ADEA).
The Equal Pay Act requires that men and women receive equal pay for equal work. The Equal Pay Act amended the Fair Labor Standards Act (FLSA).
A person can file these lawsuits in court without going through the EEOC or the CRD. The timeline is as follows:
- 2 years from the day that the pay discrimination took place to file suit or
- 3 years if the discrimination was willful.
A person does not need to get a right-to-sue letter from the EEOC before filing a lawsuit alleging age discrimination under the ADEA. However, a person must file a complaint with the EEOC before filing their lawsuit in court. A person should then initiate their lawsuit within 60 days of filing their complaint with the EEOC.
What Is the Legal Process After Receiving the Letter?
Once a person has a right-to-sue letter from the EEOC, they may file a discrimination lawsuit in federal court. In some cases, a person’s employment attorney can demand a right-to-sue letter right after filing the charge with the EEOC. This can speed up the case and get it started in court more quickly.
Note that if the EEOC investigation has lasted for more than 180 days, a claimant can ask for a right-to-sue letter after 180 days have passed even if the investigation has not been finished. However, experts recommend allowing the EEOC the full amount of time it needs to finish its investigation before filing a lawsuit in court.
If the EEOC issues a “Letter of Determination” at the conclusion of its investigation, it means that they believe the claimant has a valid claim. This could be used as evidence in court and would strengthen a person’s case.
An employment discrimination case is the kind of case for which a victim should have a lawyer to represent them. A lawyer knows what kind of evidence would be needed to succeed and how to gather it. They know the rules of procedure for courts, both federal and state, and other technical, legal things a person would have to know to prosecute their case smoothly and effectively.
Do You Need a California Employment Discrimination Lawyer?
If you believe that you have experienced discrimination in your workplace, you want to consult a California discrimination lawyer. LegalMatch.com can connect you to a lawyer who understands both federal and California law and the way through the bureaucracy to the remedy that you deserve.
