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EEOC State and Local Administrative 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 in response to the charge allegations, commonly known as a Position Statement. Only trained experts should conduct the investigation and prepare the Position Statement.
Bashen’s agency process may include:
- An investigative 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
