The Equal Pay Act of 1963 (EPA) sets a different timeline for filing a claim. First, you aren’t required to file a cost with the EEOC under the EPA. You could file a claim directly with the court.
The EPA allows 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 if you file your charge. Then, your employer is notified of your charge and interviewed. From there, you’re offered a chance to mediate your charge. This provide is made within ten days of filing the charge.
If you don’t mediate the cost, your employer should file a written reply to the charge. You then have 20 days from receiving the reply to respond.
The EEOC may take up to 10 months to investigate the claim. Nevertheless, after a hundred and eighty days, you could have the best to request a Discover of the Proper to Sue and take your complaint to court.
Age Discrimination
If in case you have a case of age discrimination, you will have the suitable to file a lawsuit in federal court sixty days after you file an EEOC charge, even when the investigation is just not complete.
What Happens After the EEOC Resolves the Investigation?
The EEOC has three options after they full the investigation.
The EEOC will discover nothing to show any reasonable cause of discrimination or sexual harassment. They will difficulty a Dismissal and Discover of Rights which lets the employee know they’ll file a grievance in federal court within 90 days of receipt of the letter.
The EEOC will discover cause for discrimination. They will issue a Letter of Determination, which invites both parties to join 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 challenge a Discover of the Proper to Sue. The Discover of the Right to Sue provides you 90 days to file a lawsuit in federal court.
Our EEOC Representation Attorneys Can Assist You Throughout the Investigation Process.
The EEOC process and investigation may be nerve-wracking. During The process, your lawyer can advise you concerning mediation, conciliation, and responding to any inquiries the EEOC sends your way. They’ll additionally answer your questions relating to 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 should not waste that treasured time looking for an attorney to file your complaint. Instead, you should have a trusted employment lawyer by your side, ready to complete the process.
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