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People understandably think they have an automatic
right to file a lawsuit in a court of law if they have been
the victim of unlawful discrimination, harassment or retaliation
at work. However, this is not the case. Before filing an employment
lawsuit in court, there is an initial filing requirement with
a federal administrative agency, the Equal Employment Opportunity
Commission (“EEOC”). Individuals are required
to file a Charge with the EEOC prior to filing a lawsuit.
In fact, unless and until the EEOC issues an employee a “Right
to Sue” letter, the employee may not file his/her lawsuit
in court.
As a result, the first step in the process of pursuing an
employment claim against an employer is to file a Charge with
the EEOC. Notably, the Charge must be filed within 180 days
of the alleged act of discrimination, harassment or retaliation.
If the Charge is not filed within 180 days of the challenged
action, it is untimely and can be dismissed. This is an important
deadline, so employees must act quickly to preserve their
rights under federal law. Failure to file the Charge within
180 days of the challenged action could be fatal to an employee’s
employment claim.
The purpose behind this requirement is simple: if everyone
who believed they had a valid cause of action for discrimination,
harassment or retaliation against their employer went to federal
court and filed a lawsuit, the courts would be overrun with
employment cases. The EEOC acts as a buffer between employees
and the courts. The EEOC’s purpose is to address and
resolve valid claims so that the courts are not clogged with
employment lawsuits.
Once the Charge is filed, if the employee is willing to submit
to mediation the EEOC will contact the employer and ask if
it wants to try to resolve the Charge through a voluntary
mediation. If the employer and the employee consent, a mediation
session will be scheduled at the EEOC’s office in downtown
Atlanta. Mediation is a process where a neutral person, the
mediator, meets with the parties to hear details about the
employee’s claims and the employer’s response.
Once the parties have made their presentations to the mediator,
the mediator will try to work with the parties to reach a
mutually agreeable resolution of the Charge through a financial
settlement. If the mediation is unsuccessful, the Charge is
then forwarded to the EEOC’s Investigation unit.
In many cases, the employer does not consent to mediation
and strongly denies that it did anything wrong or unlawful.
In that case, the Charge is forwarded to the EEOC’s
Investigation unit. The employer will be asked to provide
a written response (Position Statement) to the employee’s
Charge explaining in detail the basis for its claim that it
did nothing wrong or unlawful. The employer’s written
Position Statement is an important document. It often, but
not always, contains specific facts and evidence to support
the employer’s denials of wrongdoing. By reviewing the
employer’s Position Statement, the employee can get
a glimpse or snapshot of what the employer would likely offer
in defense against the Charge if a lawsuit were filed and
pursued in court. This process can take between 2-3 months
from the date the Charge was initially filed. Notably, the
EEOC will not provide an employee with a copy of the employer’s
Position Statement while the Charge is active.
Employees have the right to ask the EEOC to issue a Right
to Sue letter when the Charge is filed or sometime thereafter.
Although the EEOC may choose to do so, it is not required
to issue a Right to Sue letter upon request. Sometimes, the
EEOC elects to further investigate the Charge. This usually
happens when the EEOC believes there is or may be competent
evidence to support a “Cause” finding. If the
EEOC elects to investigate the Charge and declines to issue
a Right to Sue letter, it usually takes between 9-18 months
to finalize its investigation and render a final Determination.
Dozier Law Group regularly represents employees by filing
EEOC Charges on their behalf and working with them to resolve
the matter, if possible, through settlement negotiations with
the employer and EEOC personnel prior to filing a lawsuit
in court.
If there is credible independent evidence which supports a
claim for discrimination, harassment or retaliation (supporting
witnesses, documents, company records, etc.), the employer
may want to resolve the matter through mediation at the EEOC
rather than incur the expense of defending against a lawsuit
in court and exposing itself to an unfavorable jury verdict.
Defending lawsuits against valid claims can be expensive,
time-consuming and disruptive for employers. However, no matter
how valid the claim or strong the supporting evidence is,
employers frequently choose to oppose EEOC Charges for various
reasons. As a result, there is no guarantee that your Charge
can be resolved through the EEOC process, and you may have
to file a lawsuit to obtain relief. Lawsuits can take anywhere
from 18-30 months if a case gets heard by a jury.
If you are considering filing a Charge of Discrimination with
the EEOC based on what you believe to be unlawful discrimination,
harassment or retaliation by your employer, call Dozier Law
Group or
.
The contact information for the Atlanta
office of the EEOC is:
Equal Employment Opportunity Commission
Atlanta District Office
100 Alabama Street, SW, Suite 4R30
Atlanta, Georgia 30303
(404) 562-6800 or (800) 669-4000
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Dozier Law Group represents clients in and around the Atlanta
metro area, including Alpharetta, Fairburn, Roswell, Sandy
Springs, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker,
Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville,
Marietta, Kennesaw, Lawrenceville, Norcross, Chamblee, Snellville,
Woodstock, Gainesville, Morrow, Carrollton, College Park,
Peachtree City, Riverdale, Newnan, Conyers, Covington, Canton,
Milton, John's Creek, Stockbridge, McDonough, Douglasville and other cities throughout the state of Georgia.
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