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The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws against discrimination in the workplace. Employees who allege that their employers are implementing discriminatory practices may contact the EEOC to have their claims investigated.
In order to bring a claim of discrimination against the employer under Title VII of the Civil Rights Act of 1964, a Georgia employee must file with the EEOC within 180 days of the last act of discrimination.
What Are Some of the Duties of the EEOC?
- Implement and administer federal employment laws
- Work with states and local governments to ensure that their employment laws provide adequate protection consistent with federal laws
- Conduct and publish studies for public awareness
- Issue opinions on particular areas of employment law
- Sue on behalf of persons who have been discriminated against
What Are Some of the Laws Enforced by the EEOC?
- Title VII of the Civil Rights Act of 1964 protects against discrimination based on race, color, religion, sex, or national origin
- Equal Pay Act of 1963 protects against sex-based wage discrimination
- Age Discrimination in Employment Act of 1967 protects against discrimination against people who are 40 years of age or older
- Title I and Title V of the Americans with Disabilities Act of 1990 protects against discrimination against individuals with disabilities
What Is the Process for Filing a Discrimination Complaint Against an Employer?
Before an employee can file a lawsuit in court for discrimination on the job, the employee is required to file a formal written complaint with the EEOC. The EEOC receives the complaint and then investigates the charges. During the investigative process, which may last up to a year or more, the EEOC may take one or more of the following actions, depending upon individual circumstances:
- If these charges are confirmed, the EEOC attempts to resolve the complaint through a mediation process.
- If the EEOC finds substantial evidence of discrimination, rather than recommending mediation, it will file a lawsuit itself.
- If the EEOC finds that the complaint is not supported by sufficient facts, it dismisses the complaint and issues a “right to sue” letter to the complaining party. Once the complaining party receives the letter, they may proceed to file a lawsuit.
- A lawsuit must be brought within ninety (90) days of receiving the Notice of Right to Sue letter from the EEOC.
The EEOC finds that discrimination did not occur in over 95% of the claims that are brought to it. Consult with an employment discrimination attorney before you decide to abandon your claims because of what the EEOC has told you. In Georgia, you may have rights greater than what the EEOC covers.
If you feel that any of the above has happened to you, please call us today at 404-334-5423!
Barrett and Farahany has been protecting the rights of employees for over a decade. We believe in “Justice at Work”.