EEOC & THRC
The United States Equal Employment Opportunity Commission, more
commonly known by its initials, EEOC, was created as part of the Civil Rights
Act of 1964 to enforce Title VII. Today, the EEOC is also responsible for
enforcing other anti-discrimination laws like the Americans with Disabilities Act
(ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act
(EPA), though the latter provides an independent cause of action in Federal
Court.
Before filing a Federal law suit for discrimination or harassment, one must first
file a charge of discrimination with the EEOC. The EEOC then investigates the
charge by asking both the employee, known as the Complainant, and the
employer being charged, known as the Respondent, for documents and
information relevant to the charge. At the end of its investigation, the EEOC may
do one of three things: 1) Close its file without completing the investigation; 2)
Conclude that it was unable to establish a violation of the law; or 3) Conclude
that there is substantial evidence of a violation. This last is sometimes called a
“Cause Determination”.
If the EEOC closes its file without completing the investigation, or is unable to
conclude that discrimination or sexual harassment took place, it will issue a
Notice of Right to Sue. The Complainant then has 90 days to file her case in
Federal Court. Once that 90 days has passed the employee loses her
opportunity to file in Federal Court. This is a very dangerous deadline and must
be watched carefully.
If the EEOC makes a Cause Determination, it will try to “conciliate” the case by
achieving a settlement between the parties and in addition, require the
employer to take certain affirmative steps to prevent discrimination or sexual
harassment from happening again in the future. If those efforts should fail, the
EEOC has the right to file its own case against the employer and the employee
can join that case with her own attorney. If the EEOC does not file its own case,
it will issue a Notice of Right to Sue, and again the employee has only 90 days
to file in Federal Court.
The reality is that the EEOC does not often make Cause Determinations and
rarely files its own case. But many of these cases are still filed in Federal Court,
and it is possible to win a case in Federal Court or settle it, even though EEOC
did not make a finding in your favor.
You may also file your claims of discrimination under the Tennessee Human
Rights Act. To do so, you have to file with the Tennessee Human Rights
Commission (THRC). The THRC serves the same function for the State of
Tennessee as the EEOC does for the Federal Government. There are however,
some important differences.
Generally, we prefer to take our client into the EEOC or THRC to make the initial
charge. Because an employee is required to file with the EEOC before filing
with the Federal Court, the case can be dismissed from the Federal Court if the
Court determines that the Charge of Discrimination filed with the EEOC is not
specific enough. It is also important to note that in Tennessee, you must file
your charge with the EEOC within 300 days of the incident you believe was
discrimination. But you have only 180 days to file with the THRC. If you have a
claim of discrimination, you need to consult with an employment attorney. Call
us right away.
Contact Us
info@thealderlawfirm.com
commonly known by its initials, EEOC, was created as part of the Civil Rights
Act of 1964 to enforce Title VII. Today, the EEOC is also responsible for
enforcing other anti-discrimination laws like the Americans with Disabilities Act
(ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act
(EPA), though the latter provides an independent cause of action in Federal
Court.
Before filing a Federal law suit for discrimination or harassment, one must first
file a charge of discrimination with the EEOC. The EEOC then investigates the
charge by asking both the employee, known as the Complainant, and the
employer being charged, known as the Respondent, for documents and
information relevant to the charge. At the end of its investigation, the EEOC may
do one of three things: 1) Close its file without completing the investigation; 2)
Conclude that it was unable to establish a violation of the law; or 3) Conclude
that there is substantial evidence of a violation. This last is sometimes called a
“Cause Determination”.
If the EEOC closes its file without completing the investigation, or is unable to
conclude that discrimination or sexual harassment took place, it will issue a
Notice of Right to Sue. The Complainant then has 90 days to file her case in
Federal Court. Once that 90 days has passed the employee loses her
opportunity to file in Federal Court. This is a very dangerous deadline and must
be watched carefully.
If the EEOC makes a Cause Determination, it will try to “conciliate” the case by
achieving a settlement between the parties and in addition, require the
employer to take certain affirmative steps to prevent discrimination or sexual
harassment from happening again in the future. If those efforts should fail, the
EEOC has the right to file its own case against the employer and the employee
can join that case with her own attorney. If the EEOC does not file its own case,
it will issue a Notice of Right to Sue, and again the employee has only 90 days
to file in Federal Court.
The reality is that the EEOC does not often make Cause Determinations and
rarely files its own case. But many of these cases are still filed in Federal Court,
and it is possible to win a case in Federal Court or settle it, even though EEOC
did not make a finding in your favor.
You may also file your claims of discrimination under the Tennessee Human
Rights Act. To do so, you have to file with the Tennessee Human Rights
Commission (THRC). The THRC serves the same function for the State of
Tennessee as the EEOC does for the Federal Government. There are however,
some important differences.
Generally, we prefer to take our client into the EEOC or THRC to make the initial
charge. Because an employee is required to file with the EEOC before filing
with the Federal Court, the case can be dismissed from the Federal Court if the
Court determines that the Charge of Discrimination filed with the EEOC is not
specific enough. It is also important to note that in Tennessee, you must file
your charge with the EEOC within 300 days of the incident you believe was
discrimination. But you have only 180 days to file with the THRC. If you have a
claim of discrimination, you need to consult with an employment attorney. Call
us right away.
Contact Us
info@thealderlawfirm.com
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