Equal Employment Opportunity Commission, referred to hereafter as EEOC was established in 1965 and was given the authority to investigate claims, against employers, arising under Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). EEOC investigates discrimination claims against employers based on race, sex, color, religion, national origin, age, disability, as well as sexual harassment, and retaliation. If someone feels they have been wronged or discriminated against based on any of the above criteria, they have the right to file an EEOC claim (also known as charge); charges can be filed either in person, or by mail. Before a lawsuit can be filed, the statutes require that the employee file a charge of discrimination with the EEOC first. This paper will discuss the process and the time frames of filing a complaint, as well as provide information on the civil litigation process from the State to the Supreme Court levels. .
The claims process begins with issuance of the initial charge of discrimination against an employer, which must be filed within 180 days of the incident. If EEOC determines, after reviewing the complaint, that unlawful discrimination did actually transpire, it will then assign an investigator to the case. The employer will then be notified within 10 days, and is given the opportunity to respond or appeal the charges and explain actions and the recourse they took in regards to the charges.
After the investigation is complete, EEOC then makes a determination on the merits of the charge. If it is determined that the charges were unfounded then a "Dismissal and Notice of Rights" letter will be sent to the charging party (a copy of this letter is also sent to the employer). This then gives the complaint the right to file a lawsuit in federal court within 90 days from the date of receipt of the Dismissal letter.
