The Equal Employment Opportunity Commission (EEOC) accepts Charges of Discrimination from employees who believe that they have been discriminated against on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. You may also file a Charge with the EEOC if you have been damaged as a result of complaining about discrimination, filing a charge of discrimination, or participating in an employment discrimination investigation or lawsuit.
In Pennsylvania, in many circumstances, before pursuing a lawsuit against your employer for discrimination, you are first required to file a Charge or Complaint with an administrative agency, the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission or the Philadelphia Commission on Human Relations, and you may wish to dual file your Charge/Complaint with a second agency. You may file a Charge yourself or seek the help of an attorney to file a Charge on your behalf.
In New Jersey, you are permitted to pursue claims of discrimination under the New Jersey Law Against Discrimination in court without first filing a charge or complaint of discrimination with an administrative agency, but you have the option of filing a Charge of Discrimination with the Equal Employment Opportunity Commission and/or the New Jersey Division on Civil Rights before filing a lawsuit.
After you file a Charge of Discrimination, the EEOC may contact you about attending a mediation to try to resolve your Charge. You should consider having an experienced attorney with you at the EEOC mediation to represent you.
As part of its investigation, the EEOC may also schedule a fact-finding conference, for you and your employer to attend to discuss your Charge of Discrimination and your employer's response to your Charge. You should consider having an experienced attorney with you at the EEOC fact finding to represent you.
The EEOC may conduct an investigation into your matter, which sometimes includes requesting that you complete a questionnaire, seeking additional information and documents from you and your employer, and considering whether your Charge of Discrimination has merit.
After completing its investigation, the EEOC will issue a Dismissal and Notice of Rights or a Letter of Determination or a Right to Sue. If you receive a Dismissal and Notice of Rights, a Letter of Determination or a Right to Sue from the EEOC or a Dismissal and Notice of Rights, you should contact an attorney immediately.
Bell & Bell LLP attorneys have successfully handled hundreds of matters before the EEOC, assisting clients with Charge filing, mediation representation, the investigation, and the process following the issuance of a Dismissal and Notice of Rights, a Letter of Determination or a Right to Sue. If you need help with any stage of an EEOC Charge, call Bell & Bell LLP at 215.569.2500 or contact us online.