What to Do After Receiving an EEOC Complaint?

Any worker who believes that he or she has experienced discrimination has the right to file a formal charge with the Equal Employment Opportunity Commission. Receiving such a complaint is always a serious matter. Whether or not the complainant succeeds in proving the case, an employer must act quickly to respond to any EEOC questions and requests. To avoid future problems, it is also critical to address any conditions that gave rise to the allegation.

Significance

• An EEOC complaint is an allegation that a worker has been discriminated against on the job. The discrimination may be based on basic demographic characteristics like age, sex, race, religion or national origin or on various types of health conditions and medical information. It may be intentional, like firing a person because of his race, or unintentional, like barring religious garb in the workplace. The significance of an EEOC action is that it can lead to a lengthy and disruptive investigation, even if the allegation is never proved. Should the employer be found guilty of a violation, penalties can be severe and expensive.

Considerations

• After a complaint has been filed, the EEOC must notify the employer. Then the agency may, at its discretion, proceed in a number of different ways. A charge may be dismissed if it does not appear to have merit. Otherwise, investigators can immediately begin to interview witnesses, request documents, review information and take other steps to collect and process evidence. The employer is obligated to cooperate fully in the investigation. But the employer may also have an opportunity to request mediation or settlement of the case. If the complainant agrees, the EEOC can pursue either of these options as an alternative to its investigation.

Time Frame

• An EEOC complaint must be filed within 180 days of the date when the alleged discrimination occurred. For most discrimination charges also covered by a state or local law, the deadline is 300 days. If the EEOC dismisses a case for lack of evidence, that does not necessarily put an end to the matter. Once the agency issues a notice informing the parties that it will not proceed, the complainant has 90 days to file a private lawsuit.

Remedies

• Employers should learn the scope of various legal remedies the EEOC may impose if there is proof of discrimination. In addition to requiring corrective action like a promotion or reinstatement, the agency can order compensation for the complainant's current and future monetary losses, mental distress or inconvenience. If the EEOC finds that an employer acted with malice, it can also impose punitive damages.

Prevention/Solution

• An employer who receives an EEOC complaint should carefully review any policies or procedures related to the allegation. Even if there was no evidence of discrimination, it is prudent to reassure other employees that good faith efforts are being made to support a working environment free of bias. For example, notices can be posted to educate all workers about their rights under federal anti-discrimination laws. Additional EEOC informational materials can be offered on the premises.