The Equal Pay Act of 1963 (EPA) sets a special timeline for filing a claim. First, you are not required to file a cost with the EEOC under the EPA. You might file a claim directly with the court.

The EPA permits you years from the date of your final incorrect paycheck to file your declare with either the court or the EEOC. If the discrimination is intentional, you may 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 a chance to mediate your charge. This offer is made within ten days of filing the charge.

If you don’t mediate the charge, 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 analyze the claim. However, after 180 days, you might have the proper to request a Discover of the Proper to Sue and take your complaint to court.

Age Discrimination

In case you have a case of age discrimination, you’ve gotten the correct to file a lawsuit in federal court sixty days after you file an EEOC cost, even when 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 can file a criticism in federal court within 90 days of receipt of the letter.

The EEOC will find cause for discrimination. They will challenge a Letter of Dedication, which invites both parties to hitch the EEOC in a process known as conciliation. Conciliation is a mediation between both parties.

If the conciliation is unsuccessful or either party refuses to participate, the EECO will concern a Notice of the Right to Sue. The Discover of the Proper to Sue provides you ninety days to file a lawsuit in federal court.

Our EEOC Illustration Attorneys Can Assist You Through the Investigation Process.

The EEOC process and investigation may be nerve-wracking. During The process, your lawyer can advise you relating to mediation, conciliation, and responding to any inquiries the EEOC sends your way. They’ll additionally reply your questions regarding the process, the statute of limitations, and the investigation outcomes.

Once the EEOC completes the investigation, it is greatest to have your legal professional ready to file your criticism in federal court as quickly as potential, 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 complete the process.

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