EEOC Charges and Investigations for Employees
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit workplace discrimination, harassment, and retaliation. Employees who believe they have experienced unlawful workplace conduct may be required to file an EEOC charge before pursuing certain legal claims.
Burts Law assists employees with understanding the EEOC process and evaluating options related to EEOC charges and investigations.
When Employees Interact with the EEOC
Employees may become involved with the EEOC in several ways, including:
- Filing an EEOC charge alleging discrimination or retaliation
- Responding to an employer’s position statement
- Participating in an EEOC investigation
- Receiving a notice of right to sue
Understanding the role of the EEOC can help employees navigate these stages more effectively.
The EEOC Process Overview
The EEOC process generally involves several stages, which may vary depending on the nature of the charge and jurisdiction.
| EEOC Stage | General Description |
| Charge Filing | Employee files a formal charge with the EEOC |
| Employer Response | Employer submits a position statement |
| Investigation | EEOC gathers information and evaluates claims |
| Mediation (Optional) | Parties may participate in voluntary mediation |
| Determination | EEOC issues findings or closes the investigation |
| Right to Sue | EEOC issues notice allowing court action |
Each stage has procedural requirements and deadlines that may affect an employee’s rights.
Common Issues Raised in EEOC Charges
EEOC charges may involve a range of workplace issues. Burts Law assists employees in matters involving:
- Workplace discrimination based on protected characteristics
- Sexual harassment or hostile work environment
- Retaliation following protected activity
- Failure to accommodate under applicable law
- Discriminatory termination or discipline
Charges are evaluated based on the specific facts and applicable legal standards.
Preparing and Responding During an EEOC Investigation
The way an EEOC charge is prepared and supported can affect how the investigation proceeds. Burts Law assists employees by:
- Evaluating potential claims before filing
- Preparing or reviewing EEOC charge language
- Responding to employer position statements
- Advising on document submission and communications
Careful preparation helps ensure information provided to the EEOC is accurate and complete.
EEOC vs. Court Proceedings
Not all employment disputes are resolved through the EEOC. In many cases, the EEOC process is a prerequisite to pursuing claims in court.
| EEOC Process | Court Litigation |
| Administrative investigation | Formal judicial proceeding |
| No judge or jury | Judge and potentially a jury |
| Limited remedies | Broader potential remedies |
| Required for some claims | May follow right-to-sue notice |
Understanding the distinction helps employees make informed decisions about next steps.
FAQs: EEOC Charges & Investigations
Do I have to file an EEOC charge before going to court?
Certain employment claims require an EEOC charge before a lawsuit may be filed. Review can help determine whether this applies to a particular situation.
How long do I have to file an EEOC charge?
Filing deadlines depend on the type of claim and applicable law. Timely action is important.
What happens after I file an EEOC charge?
After filing, the employer is typically notified and may submit a response. The EEOC may investigate, offer mediation, or issue a notice of right to sue.
Can my employer retaliate against me for filing an EEOC charge?
Retaliation for engaging in protected activity is prohibited under federal law. Review can help assess whether retaliation concerns exist.
Will the EEOC represent me?
The EEOC investigates charges but does not represent employees in most cases. Employees may pursue representation separately.
How EEOC Charges Relate to Other Employment Issues
EEOC charges often intersect with other employment matters, including severance agreements, retaliation claims, or litigation following termination. EEOC-related review may be part of a broader employment law evaluation.
Contact Burts Law
If you are considering filing an EEOC charge or have questions about an ongoing EEOC investigation, contact Burts Law to schedule a consultation to discuss your situation and available options.
