After filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), most individuals find themselves uncertain about what will happen next. Based on the information you provide in your charge, the EEOC may invite you and your employer to participate in mediation. Participation in mediation is voluntary; however, both parties must agree to take part.
If mediation is not offered or not accepted, the charge will be assigned to an investigator. The investigator will then gather evidence from both sides to conduct an investigation into your discrimination claim(s). The timeline for this process can vary greatly, and you likely will not receive regular updates regarding the progress of your case.
Many claimants find themselves months – or even a year – into the process, only to receive notice that the EEOC has dismissed their charge and will not investigate the matter further. At this stage, claimants often feel confused or even defeated, assuming that they do not have a valid discrimination case if the EEOC dismisses their charge. The added pressure of the 90-day deadline to file a lawsuit after dismissal can feel overwhelming, leading many to abandon the process altogether.
It is important to understand that the EEOC’s dismissal of your charge does NOT determine whether you have a valid claim for discrimination. You should consult an experienced employment attorney to evaluate your case and advise you on your options. Many cases go on to settle for substantial amounts even after being dismissed by the EEOC.
If you have questions about the EEOC process or have been issued a Right to Sue Letter, contact our office today for a free consultation.