Do You Need a Lawyer to File a Complaint with the EEOC?

Use these links to jump to different sections:

• Filing an EEOC Complaint: Administrative Remedies for Employment Discrimination
• Initiating the EEOC Complaint Process
• Navigating the EEOC Process Without Legal Representation
• Benefits of Hiring an Employment Lawyer

Employment discrimination can have lasting impacts on a person’s career, financial stability, and mental health. It can feel daunting to know that you were unfairly treated at work but are unsure of how to hold the company accountable. Many turn to the U.S. Equal Employment Opportunity Commission (EEOC); however, the process of filing and proving a claim is often complex.

For employees facing discrimination based on age, race, gender identity, or other protected traits, understanding the benefits of hiring an employment lawyer could make a critical difference. From guiding you through filing procedures to helping you build a strong case, legal counsel ensures your rights are fully protected and that your case has the best chance of success. 

Filing an EEOC Complaint: Administrative Remedies for Employment Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency whose primary role is to enforce federal laws against workplace discrimination. Once an employee files a complaint, the EEOC investigates the company’s employment practices. The EEOC also provides businesses and employees with guidance and resources. Should a claim be validated, the EEOC mediates a settlement between the parties. The EEOC aims to prevent discriminatory actions against employees, secure employee remedies, and hold businesses accountable.

Donald E. Smolen, who represents clients in a variety of civil litigation matters in Tulsa, Oklahoma, explains why hiring an employment attorney can be beneficial when considering filing a claim: “The risk of not hiring a lawyer is that some of the court’s decisions regarding procedure or rules of evidence might not be adhered to as strictly as they would be if an attorney were there.”

An EEOC claim is more than unpleasant or unfair treatment. It is the unfair actions of a business taken against an employee or job applicant based on the individual’s protected characteristics. Several legally protected classes qualify for discrimination claims, including:

• Age discrimination
• Race or color discrimination
• Religion discrimination
• Disability discrimination
• Sexual orientation discrimination
• Pregnancy discrimination
• Gender identity discrimination
• National origin discrimination
• Genetic information discrimination

Those seeking to file an employment discrimination lawsuit must first complete the EEOC process so that there is an established opportunity to collect and present supporting evidence. There is also an opportunity to reach a settlement agreement with the company without an extensive legal process. This can save everyone a significant amount of time and resources. For employees, the EEOC findings from its investigation can strengthen their claim.

Initiating the EEOC Complaint Process

Employees have a limited amount of time to file their discrimination complaints. Generally, the deadline is 180 days from the date of the discriminatory incident. In some situations, this deadline can be extended to 300 days. This will depend on the applicable state or local anti-discrimination laws. Meeting this filing deadline is crucial, as missing the time limits can prevent someone from having their claim processed. There are several methods for submitting an EEOC complaint: In person at an EEOC office, EEOC website, by mail, by telephone, or by an authorized representative.

To file a complaint, an employee must include several pieces of information. This begins with their personal information, name, contact information, and employment details. Then, they will provide the relevant details of the discriminatory treatment. They should include a description of what happened, dates of the incident, location, people involved, and actions taken. They will need to validate their claim by stating the type of discrimination and the grounds for the claim. For example, they can state they belong to a protected class, and the actions taken were based on their class membership. It is also helpful to include coworker and management actions taken. Outline the relevant behaviors, statements made, or actions taken that can support the claim. To validate the submitted claims, include documentation like notes, emails, and witness statements.

Navigating the EEOC Process Without Legal Representation

It can be difficult for individuals to navigate the EEOC process on their own. The first challenge is to file an EEOC complaint correctly. Once filed, the employee will need to work with the EEOC investigator. The investigator will review the complaint, gather evidence, and interview involved parties. The employee should be prepared for the EEOC to offer mediation to resolve the issue without going through a full formal investigation. The alternative is to go through the complete investigative process, which can take several months to complete.

Once the investigation is complete, the employee will receive a Notice of Rights letter. They must read and understand this letter, as it explains the EEOC findings and the employee’s right to proceed with a lawsuit in federal court. If the EEOC cannot determine a violation, this right to sue letter permits the complainant to file a lawsuit within a specified time frame (usually 90 days).

While it may seem straightforward, there are several potential pitfalls. Employees may struggle with the complexity of the legal phrasing and terms. They may risk missing procedural deadlines that prevent them from pursuing claims. It can be challenging to collect and present the necessary evidence in the context of the law. Employees must also remember that their employer will likely hire legal counsel, putting the employee at a disadvantage.

Benefits of Hiring an Employment Lawyer

Individuals who decide to hire an employment lawyer can experience several benefits. They gain access to experienced legal advice about the complex legal system and web of employment laws. Lawyers who focus their practice on employment law regularly interpret and apply the law to real-world situations. They can explain the laws applicable to your situation. That way, you follow proper EEOC procedures and protect your claim.

An EEOC claim begins with preparing and filing a claim. A lawyer will know what it takes to draft an effective claim and persuasive arguments. The lawyer’s team of professionals will assist in document handling, ensuring all relevant paperwork is handled correctly. This reduces the risk of important documents getting lost or deadlines getting missed.

As a part of representation, a lawyer will advocate on their client’s behalf. As part of this, they will prepare the client’s complaint with supporting legal arguments. They will also work with the client to prepare them to address the defenses the employer will present. This increased level of preparation will give the employee a better chance of achieving a favorable outcome. Lawyers can negotiate settlements more effectively, potentially securing a resolution without going to court. An employee’s legal counsel helps clients seek the full scope of damages available, such as back pay, emotional distress, or punitive damages.

Smolen explains why someone should speak with an attorney when pursuing an EEOC claim. The cost of seeking out legal guidance could potentially be a part of your claim for recovery. This makes it more cost-effective in the long run to have legal representation. “It’s at least worth talking to an attorney about it ahead of time to see if they can provide any kind of benefit or if it’s a type of case where, as the winning party, you might be entitled to attorney fees.”

If the employer makes counterclaims, the lawyer can defend the employee against these claims. They can also take preventative actions to help protect the employee from retaliation, such as continued unfair treatment, demotion, or dismissal.

Find Experienced Legal Help

Deciding to pursue an employment discrimination claim can be challenging, but the right legal support can make the process smoother and more effective. Working with an employment attorney provides significant advantages for anyone filing an EEOC complaint. From gathering evidence to representing your rights in negotiations or potential lawsuits, a skilled lawyer brings the expertise to handle every aspect of the case. Consulting an attorney may be the best first step toward a successful resolution if you face workplace discrimination.

Begin filing your discrimination claim by finding an employment discrimination lawyer on the Super Lawyers directory of experienced attorneys.