Who Can File and How
The U.S. Equal Employment Opportunity Commission exists to enforce federal laws about employee discrimination. Anyone who thinks their employment rights have been violated can file a complaint with the EEOC and initiate an investigation process. It's even possible to have another person or organization to file the complaint on your behalf to keep your identity private and protect against retaliation. Interpreters will be provided if necessary, as will print materials and other accommodations as needed. Charges can be made by mail or in person at the closest local EEOC office. To find the closest office and get more information on filing a charge, you can call 1-800-669-4000.
Before going to the EEOC, the first step in resolving cases of discrimination is to go through what's called the "informal process." This begins with contacting the Office for Civil Rights, Enforcement, & Environmental Justice (OCREEJ) no more than 45 days after the discriminatory act or the effective date of the action. A limited inquiry will be made, followed by attempts to resolve the problem informally in a speedy manner. If this cannot be achieved with 30 days of contacting OCREEJ, a "Notice of Right to File a Discrimination Complaint" issues, after which you have 15 calendar days to file a complaint.
A formal complaint must be received in writing by the Office of Civil Rights, (OCR) or the Regional/Area EEO Officer within 180 days of the original act of discrimination, though in some states this can be extended to 300 days. Thanks to the Lilly Ledbetter Act, which was the first bill signed into law by President Barack Obama, the 180-day requirement resets with each paycheck in which pay discrimination occurs. The complaint must include your name, address and telephone number, the name, address and telephone number of the offending employer, agency, or union and a short explanation of the violation (including the date it occurred). Based on the written complain, the agency decides whether or not to accept the charges and conduct an investigation. Once the investigation is complete, a report issues to the complainant, who has the right to request a hearing before an EEOC Administrative Judge. The request for a hearing gives you the right, once approved by the judge to gather information and request documents and testimony as evidence of your claim. The judge makes a decision based on the information presented at the hearing, after which you have 30 days to file an appeal with the EEOC. If you still have not received justice, you have the right to file a civil action in U.S. District Court within 90 days of the final decision in your EEOC complaint.
Read more: EEOC Discrimination Complaint Process | eHow http://www.ehow.com/how-does_4925850_eeoc-discrimination-complaint-process.html#ixzz2U1sCNCdb
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