United States law prohibits employers from discriminating against employees based on race, color, religion, sex (which could include gender identity, sexual preference, and pregnancy), national origin, age, disability, or genetic information. When an employee experiences discrimination for one of these reasons in the workplace context, that person has a right to legal recourse.

The federal agency that processes workplace discrimination complaints is the United States Equal Employment Opportunity Commission (“EEOC”). The EEOC recently established procedures for its process of investigating complaints. As of January 1, 2016, a charging party may request a respondent’s position statement from the EEOC, and file a response to the position statement within 20 days after receipt. Previously, the person filing the complaint had no access to documents explaining the employer’s position, and had no way to respond to that position.

The new procedures significantly improve the EEOC investigative process by facilitating a meaningful exchange of information and allowing investigators to consider responses. Filing a complaint involves the following steps:

• Contact the EEO Counselor — the counselor helps to construct and submit the complaint;
• File the complaint — a committee determines quickly if the complaint has enough merit to be investigated;
• Receive a decision — a decision is reached within 90 days;
• Request a hearing — the employee can request that the EEOC hear the complaint in person as long as the request is within 30 days of the complaint;
• File an appeal — the employee has a right to appeal the decision;
• Request reconsideration on the appeal — the employee has a right to request that the EEOC reconsider their decision on the appeal;
• File a lawsuit — in the event the EEOC fails to process the complaint promptly or decides the complaint is not valid, the employee may file a timely lawsuit in State or Federal Court.

While a Federal employee must file a complaint through the EEOC initially, there are also steps along the way at which the government employee may file a lawsuit. If the EEOC has not responded to the complaint with 180 days, or has not issued a decision within 90 days, the complainant may file a lawsuit in court.

If you have experienced workplace discrimination, you need an employment attorney who knows the law and will advocate for you. Call Hanan Isaacs, P.C., or contact us online.  We are “compassionate counsel; tough advocates”.  Let us help you get the justice you deserve.