EEOC and State Agency Charges

Private Sector EEOC and State Agency Charges

Any person who feels that an employer violated his/her employment rights may file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). An employee has 180 days from the date of the alleged violation to file a charge. The 180-day deadline is extended to 300 days if state or local discrimination laws also cover the alleged violation. Except for Equal Pay Act claims, an employee must first file with the EEOC before filing a lawsuit in federal court. A charge can be dual filed with the EEOC and a state agency, also known as a Fair Employment Practice Agency. The employer is required to file with the agency a response to the charge allegations, commonly known as a Position Statement. Ony trained experts should conduct the investigation and prepare the Position Statement.

Bashen’s agency process may include:

  • An Investigation Plan
  • Identifying all critical issues of the charge
  • Analyzing the merits of a charge
  • Reviewing potential jurisdictional arguments
  • Identifying and interviewing witnesses
  • Gathering and reviewing documentary evidence and/or comparative evidence
  • Responding to agency requests for information
  • Participating in agency on-site investigations
  • Attending all fact-finding proceedings, administrative hearings and mediations
  • Fact-Finding Report
  • Position Statement
  • Managing response times effectively
  • Consulting the employer during all phases of a charge

“We received a complaint call on our hotline accusing the executive director of sexual harassment. Our outside counsel suggested contacting Bashen Corporation. Bashen was very sensitive to the potential ramifications to our organization’s reputation and assigned a senior consultant who investigated the claim in seven days. We needed the facts, good or bad, and Bashen delivered. The consultant, a 20-year employment lawyer, presented the facts to our board and submitted a 17-page report five days later. I have no hesitation in highly recommending Bashen Corporation. If you wish to speak to me personally, please contact Bashen Corporation for my contact information.”

– Board Chair
Not-For-Profit Organization

“Our consultants provide expertise in a highly specialized area at a cost effective rate.”

– Janet Emerson Bashen
    President and CEO