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The steps that occur after an EEOC charge is filed

On Behalf of | Oct 17, 2019 | Racial Discrimination At Work

Florida employees may file discrimination charges with the Equal Employment Opportunity Commission (EEOC). When the EEOC receives a charge, the first step is to notify the employer that this has happened. From there, an investigation will likely occur, and the type of investigation that occurs will depend largely on the strength of the evidence a worker presents. It may reveal that no wrongdoing occurred, which would result in the charge being dismissed.

There is also a chance that the charge will be settled while the investigation is ongoing. Charges may be settled through mediation if both the employer and the employee wish to do so. As part of an investigation, an EEOC representative may interview witnesses, review documents or visit the scene of an alleged infraction. In the event that a charge is dismissed, the person who files the charge will have 90 days to file a lawsuit on his or her own.

If it established that wrongdoing likely occurred, the EEOC will attempt to conciliate the matter. However, if this doesn’t work, the EEOC may decide to file a lawsuit on the employee’s behalf. In certain cases, the Department of Justice will handle the process of taking a case to court. If the government chooses not to file a lawsuit, the employee may still be allowed to do so.

Employees may benefit from Boca Raton, Florida, workplace racial discrimination legal assistance in their cases. An attorney may be able to help gather evidence such as personnel records or witness testimony that may establish a pattern of wrongdoing by an employer. This may maximize the chances of obtaining a favorable result in the case.