What if the EEOC Determines an Employer Violated the Law?

If the U.S. Equal Employment Opportunity Commission (EEOC) determines that there is reasonable cause to believe that workplace discrimination occurred, it issues a written invitation to enter into conciliation discussions to the parties. If conciliation efforts are not successful, the EEOC or the charging party can file a lawsuit.

The (EEOC) is the federal agency that enforces workplace discrimination laws. When workers report a charge of discrimination, the EEOC can investigate the complaint. If the EEOC finds a violation, the employer could face serious penalties. If you have questions about the EEOC complaint process, contact an employment law attorney. 

If an Employer Settles a Discrimination Charge Handled by a State Agency and Receives a Separate Dismissal Notice From the EEOC

Most discrimination charges are filed under both state and federal law. Regardless of which agency is processing the charge, both agencies have to close their respective case files. All that is happening in this instance is that the EEOC has accepted the state agency`s resolution and has closed its case.

How Can an Employer Tell if a Charge Is Dual-Filed With the EEOC and a State or Local Agency?

The top of the charge form and the notice of charge form will usually indicate whether the charge has been filed with both the EEOC and a state agency. If there is any doubt, ask the EEOC staff person handling the charge.

What Should an Employer Do if They Get the Same Charge From the EEOC and a State Agency?

If this occurs, the employer should bring the matter to the attention of both agencies, and they should be able to resolve the issue.

How Does the EEOC Enforce Record-Keeping Requirements?

The EEOC can impose legal sanctions on unions, employers, or joint labor­ management committees who refuse or fail to comply with EEOC record­keeping and reporting responsibilities. Making willfully false statements in EEOC reports may subject violators to fines, imprisonment, or both. Short of criminal sanctions, the EEOC can seek a federal court order to compel compliance with the requirements.

What if It Will Cost Too Much and Be Too Time-Consuming to Comply?

Talk to the EEOC investigator before submitting information in a format different from that requested or refusing to comply altogether. Explain what business records you have and how you could supply the information. Most of these situations can be resolved so that the EEOC gets the information it needs without an employer feeling unduly burdened.

What if the EEOC Sent a Notice of Charge That Contains Very Little Information About a Claim of Discrimination?

The EEOC generally sends notice to employers that a charge has been filed within 10 days. The EEOC may occasionally give you notice of a charge without actually including a copy of the charge. When this happens, you typically need to do nothing more until the EEOC contacts you at a later date. However, if you want more information, call the EEOC office that sent the notice and speak with the staff person assigned to handle the charge to obtain more information.

Should You Respond to an EEOC Charge You Think Is Frivolous?

Yes, you should respond. Under the EEOC`s current procedures, if the EEOC believes the charge is invalid or frivolous, it will dismiss the charge. If the charge was not dismissed by the EEOC when received, there is usually some basis for proceeding with further investigation. There are many cases where it is unclear whether discrimination may have occurred, and an investigation is necessary. Present the facts available to you that you believe show the allegations are false.

What Is an EEO-1 Standard 100 Form?

The EEO-1 Report is a government form requiring many employers to provide a count of employees by job category, ethnicity, race, and gender. This is formally known as the Employer Information Report. Employers submit the EEO-1 report to both the EEOC and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP). 

Employers with federal government contracts of $50,000 or more and 50 or more employees and employers without federal contracts who have 100 or more employees must file the EEO-1 Report.

How Do I File an EEO-1 (Standard Form 100)?

There should be four copies of the EEO-1. File the original and first copy with the Joint Reporting Committee. Retain the remaining two copies for employer records. All single-establishment employers must complete a single Standard Form 100. 

When Should I Call an Employment Lawyer?

Federal laws provide strong protections for workers against employment discrimination. These laws include Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). Protected classes, including national origin, disability, and genetic information. Employers also have to be aware of additional state anti-discrimination laws.

As soon as you become aware of a discrimination claim, get legal advice. Talk to an experienced employment attorney who understands the EEOC process. You may be able to settle the claim through the EEOC mediation program. Alternatively, the worker may invoke their right to sue. Contact an employment law attorney for help.