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How to File a Discrimination Lawsuit With the EEOC

April 17, 2012 | Comments: 0 | Views: 112

Being discriminated against is one of the most horrible things that can happen to an employee in the workplace.

Many applicants and employees, from former to current ones, are discriminated against in all aspects of employment for being someone identified for his or her race, color, religion, sexual orientation, nation of origin, age, or disability or genetic information. Expressing such hideous actions against an employee is basically a denial of employment rights.

How to file a discrimination charge with the EEOC

The employee can file a discrimination charge against the employee through the U.S. Equal Employment Opportunity Commission (EEOC). The said federal agency is a leading enforcer of federal employment laws that are essential in safeguarding the rights of employees. In all of the laws, it is a requirement for the discriminated employee to file a charge against the employer with the EEOC.

The employee must file a discrimination charge with the EEOC first before he or she can file a lawsuit against the employer with the help of any of the employment law attorneys. An organization, employment agency, or another individual can also file a discrimination lawsuit on behalf of the employee.

Doing so would mean that the employee is trying to hide his or her identity. This is usually done if the employee is part of a large company.

The employee or his or her representative can file a charge against the employer at any EEOC office closest to where he or she lives. There are 53 field offices of the EEOC scattered all over the United States for the claimant to file a charge. Once submitted, the charge will be handled by an EEOC office that is closest to the location where the discrimination occurred.

Filing a charge is usually done in person. The discriminated employee must first check with the nearest EEOC field office to know the procedures on how to set an appointment or walk-ins. The employee cannot file a charge over the Internet; however, an Intake Questionnaire must be completed, printed, and taken to the office or sent by mail to the EEOC field office to formally begin the process.

The employee can also call the nearest EEOC field office to start the process. He or she can provide basic information about the charge; the information given will be sent to the field office. Once received, they will contact him or her about the situation. The employee can also send the charge through mail. The employee can send a signed document to an EEOC office which must contain valuable and extensive information about what happened.

If the EEOC did not find any violations in the employee's charge against the employer, he or she is given the Notice of Right to Sue. At this point, he or she may seek help from any of the employment law attorneys in his or her area to push the case further.

Jester Maru used to write several articles for a Law Group in Los Angeles, California. He personally loves writing articles on the topic racial discrimination in the workplace and wrongful termination california.

Source: EzineArticles
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