The Equal Pay Act of 1963 (EPA) sets a special timeline for filing a claim. First, you are not required to file a charge with the EEOC under the EPA. Chances are you’ll file a claim directly with the court.
The EPA permits you two years from the date of your last incorrect paycheck to file your declare with either the court or the EEOC. If the discrimination is intentional, you have three years from the date of the last incorrect paycheck to file your claim.
The investigation process of the EEOC is layered. It begins with interviewing you once you file your charge. Then, your employer is notified of your cost and interviewed. From there, you might be offered an opportunity to mediate your charge. This provide is made within ten days of filing the charge.
If you do not mediate the charge, your employer should file a written answer to the charge. You then have 20 days from receiving the reply to respond.
The EEOC could take as much as 10 months to investigate the claim. Nevertheless, after one hundred eighty days, you could have the appropriate to request a Discover of the Proper to Sue and take your complaint to court.
Age Discrimination
When you’ve got a case of age discrimination, you have the appropriate to file a lawsuit in federal court sixty days after you file an EEOC cost, even if the investigation is not complete.
What Happens After the EEOC Resolves the Investigation?
The EEOC has three options once they complete the investigation.
The EEOC will find nothing to show any reasonable cause of discrimination or sexual harassment. They will problem a Dismissal and Notice of Rights which lets the employee know they will file a criticism in federal court within ninety days of receipt of the letter.
The EEOC will discover cause for discrimination. They will issue a Letter of Willpower, which invites each parties to affix the EEOC in a process known as conciliation. Conciliation is a mediation between each parties.
If the conciliation is unsuccessful or either party refuses to participate, the EECO will subject a Notice of the Proper to Sue. The Discover of the Proper to Sue offers you 90 days to file a lawsuit in federal court.
Our EEOC Representation Attorneys Can Assist You In the course of the Investigation Process.
The EEOC process and investigation can be nerve-wracking. Throughout The process, your lawyer can advise you concerning mediation, conciliation, and responding to any inquiries the EEOC sends your way. They will additionally reply your questions concerning the process, the statute of limitations, and the investigation outcomes.
As soon as the EEOC completes the investigation, it is finest to have your attorney ready to file your grievance in federal court as soon as doable, considering you only have 90 days to file it. You shouldn’t waste that precious time looking for an lawyer to file your complaint. Instead, it’s best to have a trusted employment lawyer by your side, ready to finish the process.
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