Philadelphia Equal Opportunity Employment Lawyers

The EEOC Claims Handling Process: What Happens Next?

By enforcing federal anti-discrimination laws, the Equal Employment Opportunity Commission (EEOC) protects individuals from workplace discrimination based on one’s race, color, national origin, religion, gender, age and disability.   Filing an EEOC Complaint against your employer is the first step in obtaining compensation for employment discrimination.  To ensure that you receive the maximum amount of compensation to which you are entitled, it is important that you understand the complexities of the EEOC claims handling process.

Who can file an EEOC Complaint?

Non-federal employees and job applicants who have suffered discrimination or harassment in violation of federal anti-discrimination laws may file a complaint with the EEOC.  Most federal anti-discrimination laws require that you file a complaint with the EEOC prior to filing a discrimination lawsuit against your employer.  In general, you must file an EEOC Complaint within 300 days from the date of the discriminatory act.  Your EEOC complaint or “charge” against your employer explains the details of the alleged workplace discrimination.

Typical EEOC charges include details such as:

  • When the discrimination started and ended
  • The location of the discrimination
  • The identity of individuals who engaged in the discriminatory acts
  • The basis of the discrimination (e.g. age, race, national origin, pregnancy status, sex, disability, religion)
  • The nature of the discriminatory act (harassment, termination of employment, failure to promote, demotion, etc.)
  • The identity of witnesses

What happens after an EEOC Complaint is Filed?

After the filing of a discrimination complaint, the EEOC provides a copy of the charge to your employer while making an initial determination whether your charge should be subject to the mediation process.  The EEOC will suggest mediation in certain cases where the facts indicate that settlement might be possible between the parties.  The mediation is both free and confidential and your attorney will be present to advocate on your behalf during the proceedings.

The goal of mediation is for both parties to reach a voluntary settlement of the matter.  In some cases, mediation is not a feasible option for the resolution of an EEOC Complaint.  When mediation does not take place, or if mediation occurs but does not resolve the matter, an EEOC investigator will examine the charges and seek a response from your employer.

During the course of an EEOC investigation, the assigned EEOC investigator often seeks additional information from the involved parties.  It is common for the investigation to include interviews (both in person and telephone), extensive document review and worksite visits.  Parties who refuse to cooperate with EEOC investigations may be subject to administrative subpoenas to allow the EEOC to obtain access to certain documents, testimony or facilities.

When is a Decision Rendered on an EEOC Complaint?

The EEOC investigation process can take varying amounts of time depending on the amount of material that needs to be gathered and reviewed by the EEOC investigator.  When the investigation is complete, the EEOC will issue either a “no cause” or “probable cause” decision.

A “no cause” finding indicates that the investigator found no reason to believe that unlawful discrimination has taken place.  If the EEOC issues a “probable cause” finding, the investigator has found a good reason to believe that unlawful discrimination has occurred.  The EEOC will schedule a conciliation between the parties in an attempt to resolve the case without filing a lawsuit.  If the conciliation does not resolve the matter, you will receive a Right to Sue letter which requires that you file your discrimination lawsuit against your employer within 90 days.

Philadelphia Employment Lawyers at Sidney L. Gold & Associates Assist in Navigating the EEOC Claims Handling Process

The experienced Philadelphia employment lawyers at Sidney L. Gold & Associates have been handling cases before the EEOC for over 30 years.  Our dedicated EEOC lawyers assist individuals who have suffered workplace discrimination at all stages of the EEOC claims handling process including mediations, fact finding conferences, investigations and conciliations.

If your discrimination claim is not successfully settled during through the EEOC claims handling process, our experienced Pennsylvania and New Jersey employment law lawyers will litigate your employment discrimination lawsuit in either the state or federal court system.

The law offices of Sidney L. Gold & Associates are conveniently located in Center City, Philadelphia to serve individuals throughout Pennsylvania and New Jersey.  Call us today at 215-569-1999 to schedule a free confidential consultation or contact us online.

Sidney L. Gold SuperLawyer 16 years
Top Rated Lawyers Legal Leaders
american-registry-2017
ASLA 2019 badge
ATA Lifetime
BBB Rating
Best Lawyers Award Badge
Best Lawyers Award Badge
Institute Visionary Circle Badge
Best Employment lawyers in Philadelphia
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
martindale hubbell 2019
super lawyers badge
Gold American Registry 2020
© 2020 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA 2019 Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers 2018, Bar Register Preeminent Lawyer 2019, Happening List Winner 2019, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent 2017, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy 2017-2018, Best Lawyers 2019, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 in 2019 and Martindale Hubbell Client Champion Silver 2019. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

A Message to Our Customers About Coronavirus COVID-19:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19:

At Sidney L. Gold & Associates, P.C. we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our business will remain open to serve your needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call 215-569-1999.

We are continuing to fight on behalf of our clients and that we are all able to handle things even if mandated by the government that we work remotely.

Thank you and take care.