No, your employer is not allowed to terminate you because you filed a complaint.
It is specifically illegal for an employer to retaliate against an employee for filing a complaint with the Equal Employment Opportunity Commission (“EEOC”).
Also, it is illegal to fire an employee for participating in an investigation, complaint or lawsuit related to discrimination or harassment in the workplace.
Termination, demotion, reduction in pay, denial of benefits, or other adverse actions, can all be forms of claims.
If you believe that your employer has retaliated against you for filing an EEOC complaint or for firing other employees for participating in an investigation, you may have legal options and should talk to an employment lawyer or contact the EEOC.
It is important to mention that filing an EEOC complaint does not guarantee a particular outcome, but it does provide a formal avenue for addressing workplace discrimination or harassment.
The EEOC will investigate the complaint and determine whether there is sufficient evidence to pursue legal action.
Filing an EEOC Complaint Involves Several Steps
- Contacting the EEOC: The first step is to contact the EEOC to initiate the complaint process. You can contact the EEOC by phone, in-person, or online.
- Providing information: You will need to provide information about yourself, your employer, and the nature of the discrimination or harassment you have experienced.This information may include your name, contact information, employer’s name and address, and a description of the discriminatory conduct.
- Timeliness: You must file your complaint with the EEOC within a certain time frame, generally within 180 days of the discriminatory conduct. In some cases, this time frame may be extended to 300 days.
- Investigation: Once the EEOC receives your complaint, they will investigate the allegations and gather additional information from you and your employer. The EEOC may also conduct interviews with witnesses and review relevant documents.
- Mediation: The EEOC may offer mediation as a way to resolve the dispute without going through a formal investigation or litigation.
- Resolution: If the EEOC finds evidence of discrimination or harassment, they may attempt to negotiate a settlement with your employer.If a settlement cannot be reached, the EEOC may file a lawsuit on your behalf or issue a “right to sue” letter, which allows you to file a lawsuit in court.
How Long Does an EEOC Charge Investigation Take?
Filing an EEOC complaint can be a complex process, and it is recommended that you seek the advice of an experienced employment lawyer to assist you in navigating the process and ensuring that your rights are protected from any retaliation claims.
The length of time it takes for the EEOC to investigate a charge of discrimination can vary depending on a number of factors, including the complexity of the case, the amount of evidence involved, and the workload of the EEOC’s investigators.
In general, the EEOC strives to complete investigations within 180 days (or 300 days for charges covered by various state laws, or local laws), but this timeline can be longer or shorter depending on the circumstances of each case.
After you file a charge of discrimination with the EEOC, the agency will typically send a copy of the charge to your employer and begin an investigation.
During the investigation, the EEOC may request additional information from you and your employer, interview witnesses, and review relevant documents.
If the EEOC determines that there is reasonable cause to believe that discrimination has occurred, they will attempt to resolve the matter through settlement negotiations.
If a settlement cannot be reached, the EEOC may file a lawsuit on your behalf or issue a “right to sue” letter, which allows you to file a lawsuit in court.
If the EEOC determines that there is not enough evidence of discrimination to support your claim, they will issue a dismissal of adverse action and notice of rights, which allows you to file a lawsuit in court if you choose to do so.
It is important to note that the EEOC’s investigation timeline can vary widely depending on the circumstances of each case, and it is difficult to predict exactly how long the process will take.
If you have questions or concerns about the timeline for your case, you should contact the EEOC directly or consult with an employment lawyer for guidance.
What Exactly is the EEOC?
The EEOC is a federal agency in the United States responsible for enforcing federal laws that prohibit employment discrimination based on an individual’s race, color, religious beliefs, sex (including pregnancy, gender identity, and sexual orientation), national origin, age discrimination (40 or older), disability, or genetic information.
Does the EEOC Investigate Employment Discrimination?
The EEOC investigates discrimination complaints of employment discrimination filed by individuals against employers, and it also engages in education and outreach to promote understanding and compliance with anti-discrimination laws.
The EEOC also works to prevent discrimination by conducting research, providing technical assistance to employers, and issuing guidance to clarify legal requirements.
The agency was created by the Civil Rights Act of 1964 and is headquartered in Washington, D.C.
