What Is the Role of the Equal Employment Opportunity Commission in a Sexual Harassment Claim?

When you have been harassed on the job, you may be entitled to financial compensation when you can prove that your employer broke the law. The sexual harassment attorneys at Hall & Lampros, LLP can fight for you to get justice when you have been subjected to wrongful or illegal conduct on the job.

In most cases when suing an employer for sexual harassment or gender discrimination, you must first file a charge with the Equal Employment Opportunity Commission (EEOC)(.  another entity may be involved in your case. The EEOC can perform one or more roles in your case, and you are not allowed to bypass them. If the EEOC chooses not to stay involved in your case, it is not the end of your claim.

Your employer thinks that they can treat you how they want, but you can begin to turn the tables when you call the Atlanta sexual harassment lawyers at Hall & Lampros. We will review your case during a free initial consultation and help determine whether you can sue them.

You Must First Go Through the EEOC To Sue

You are not allowed to take your employer directly to court in a sexual harassment or gender discrimination case if you are filing under federal law. Before you can sue your employer, you must first file your claim with the Equal Employment Opportunity Commission.

Before the EEOC even conducts an investigation, the agency can serve as a mediator between you and your employer. The EEOC believes that complaints are often best resolved without litigation. However, your employer may vigorously deny the allegations that you have levied, and they may want to make you fight them in court. Other employers may realize that they have a serious legal problem on their hands, and they may gladly want to mediate a solution to keep their name out of the news and manage their own legal risks.

The EEOC will devote some attention and investigation to your complaint. They may visit the employer and interview witnesses on their own. They would also review the evidence that you have submitted with your claim. The agency has some discretion in the type of review they conduct. Once they conclude their investigation, the agency would formally notify you of what you can do next.

The Government Has its Own Interest in Your Case

The federal government has its own interest in ensuring that its laws are enforced. The EEOC sees thousands of claims each year, so the agency knows which types of employers and conduct are problem areas. The agency also wants to send a message to employers and figuratively “throw the book at them” when the conduct is bad enough.

The EEOC sometimes sees a larger policy interest in the individual cases it sees. In some cases, the agency wants to make an example out of certain types of conduct or employers. In that case, the agency may decide to handle your claim on their own. The EEOC does not always file a lawsuit against an employer, even if they have found wrongful conduct. The EEOC may decide that they want to fight, especially because their settlement can include measures that the employer would need to take to prevent harassment in the future.

What Happens After the EEOC Reviews Your Case?

In many cases, the EEOC will decide that they do not have an interest in taking your case on their own. After they review your case, they may issue you either a:

• Dismissal and Notice of Rights - The EEOC has not found any evidence of harassment after an investigation. You then have 90 days to file a lawsuit of your own against your employer in court.
• Letter of Determination - The EEOC has found a violation after its investigation. Then, the agency may work with both you and an employer to find a solution. The agency may take your case to court if a solution cannot be found, but they do not accept all litigation.

You Can Still Sue When the EEOC Does Not Want To

Just because the EEOC does not want to litigate your claim does not mean that your case has no merit. The agency does not have the resources to handle every complaint they receive. It is simply not possible with the EEOC’s budget and number of employees. In fact, you may not want the EEOC to take your case. It may be better to work directly with a sexual harassment attorney who is devoted solely to your interests.

To be clear, you can always have your day in court if you believe that your employer has subjected you to illegal conduct. The question is usually about the procedure that you need to follow and who will fight on your behalf.

Contact an Atlanta Sexual Harassment Attorney

Contact the determined sexual harassment lawyers at Hall & Lampros to learn whether you have a potential discrimination lawsuit. Call us today at 404-876-8100 to schedule a free initial consultation.