Understanding The Discrimination Charge Process
If you are facing the daunting task of dealing with a discrimination charge, you may feel overwhelmed and unsure of what to expect. I am here to guide you through this complex process with clarity and support. At LaRosa & Associates, I focus exclusively on employment law, dedicating my practice to defending the rights of employees just like you in Delaware, Pennsylvania, or New Jersey. As the longest active law firm in Delaware that is devoted solely to employee rights, I bring over 25 years of experience to the table. I am deeply passionate about protecting your rights and am committed to achieving the results you deserve.
The Steps In The Discrimination Charge Process
When handling a discrimination charge, whether due to racial discrimination, pregnancy, age, disability, or sex discrimination, the first step involves filing with the Equal Employment Opportunity Commission (EEOC).
Here is what you can expect from the initial intake interview to the resolution of your case:
- Intake: An interview will be conducted where the EEOC will determine if you can move forward with your claim. They will either determine that you filed a timely charge within 300 days, and your right to sue will be preserved or that you have no right to sue in court.
- Notification: Once a charge is filed, your employer will be notified that a claim has been made against them.
- Mediation: The EEOC may offer mediation to both parties, providing an opportunity to resolve the issue quickly and outside of court. In mediation, the parties could agree to a settlement or the EEOC will return your case to investigation.
- Investigation: If mediation is not successful or not attempted, the EEOC will conduct a thorough investigation into the allegations. You can request a right to sue letter anytime at least six months after the charge filing.
- Decision: After the investigation, the EEOC will make a decision on the merits of the charge. The decision is typically made 12-24 months after the charge filing.
- Conciliation: If a violation is found, an attempt to resolve the matter with a Conciliation Agreement will be made.
- Litigation or Right to Sue: If conciliation fails, the EEOC may decide to litigate. Alternatively, they might issue a ‘Right to Sue’ letter, which allows you to pursue litigation independently in court.
I understand how confusing and overwhelming this process can seem. You can trust me to guide you through each step so that you feel confident moving forward.
What Is The First Step In Filing A Discrimination Charge?
The first step in filing a discrimination charge involves reaching out to a discrimination charge lawyer like myself, who can file a formal complaint (called a charge of discrimination) on your behalf with the EEOC or the appropriate agency. After you file a charge, you will move forward into the intake process.
How Long Do I Have To File A Discrimination Charge?
Generally, you must file a discrimination charge within 180 days of the incident. However, this timeframe can extend to 300 days if the charge is also covered by a state or local anti-discrimination law. It is imperative to consult with a discrimination charge attorney promptly to ensure that you do not miss these deadlines.
With Which Agency Should I File My Discrimination Charge?
The agency with which you should file your discrimination charge depends on where the discrimination occurred. Typically, the Equal Employment Opportunity Commission (EEOC) handles these charges, but in some cases, the Delaware Department of Labor or another state agency might be more appropriate. I can help you determine the right agency for your specific situation.
What Information Do I Need To Include In My Discrimination Charge?
When filing a discrimination charge, you need to include your name, address, and telephone number, as well as the same information for the employer you are filing against. Additionally, you will need to provide a brief description of the alleged violation(s), including dates, and why you believe discrimination occurred. The more detailed and accurate the information, the better I can assist you in building a strong case.
Can I File A Discrimination Charge Myself?
You can file a discrimination charge on your own or with an attorney. If you retain me, I handle the online filing process to ensure that all necessary information is correctly submitted.
Learn More About The Discrimination Charge Process Today
If you believe you have been the victim of employment discrimination, do not wait to seek justice. Contact me today at 888-854-2012 or fill out an online contact form to schedule a consultation at my Wilmington law office or by video. Let me help you navigate through the discrimination charge process with confidence and support, ensuring that your rights are vigorously defended every step of the way.