If the EEOC determines that there is reasonable cause to believe that discrimination occurred, a written determination and invitation to enter into conciliation discussions are issued to the parties. If conciliation efforts are not successful, the EEOC and/or the charging party may bring suit.
Most charges are dualfiled 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.
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 FEPA. If there is any doubt, ask the EEOC staff person handling the charge.
If this occurs, the employer should bring the matter to the attention of both agencies and they should be able to resolve the issue.
Legal sanctions may be imposed upon unions, employers, or joint labormanagement committees who refuse or fail to comply with their EEOC recordkeeping and reporting responsibilities. Making willfully false statements in EEOC reports may subject violators to fines up to $10,000 or imprisonment up to five years or both, pursuant to the U.S. Criminal Code. Short of criminal sanctions, regulations provide that the EEOC may seek an order of a U.S. district court to compel compliance with the requirements.
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 believe you could supply the information in a manner closely resembling the manner requested. Most of these situations can be worked out so that EEOC gets the information it needs without the employer feeling unduly burdened.
The EEOC generally sends notice to employers that a charge has been filed within 10 days after the charge is filed. The EEOC may occasionally give you notice of a charge without actually including a copy of the charge. When this happens, ordinarily you need 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.
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 it was 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. You are encouraged to present the facts available to you that you believe show the allegations are false.
The EEO-1 Report – formally known as the “Employer Information Report” – is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted 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.
There should be four copies. File the original and first copy with the Joint Reporting Committee. The remaining two copies may be retained for employer records. All singleestablishment employers, employers doing business at only one establishment in one location, must complete a single Standard Form 100. Computer printouts or tapes may be substituted for all types of EEO1 reports (headquarters, individual establishments, special reports) EXCEPT the Consolidated Report. The Consolidated Report MUST be prepared on the actual EEO1 form. EEOC has designed formats that employers must use for computerized reports.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified employment lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.