Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) is a governmental agency created during the Civil Rights era to combat and eliminate discrimination in the workplace. Specifically, the U.S. Equal Employment Opportunity Commission was created to enforce Title VII of the Civil Rights Act of 1964. The EEOC is tasked with the responsibility of enforcing federal laws which make it illegal to discriminate against an employee or job applicant in any aspect of employment including pay, promotion, layoff, fringe benefits, training, job assignment, hiring, firing and any other condition of employment.
Federal Laws prohibit the following types of Harassment and Discrimination:
- Age Discrimination
- Color Discrimination
- Race Discrimination
- Sexual Harassment
- Religious Discrimination
- Pregnancy Discrimination
- National Origin Discrimination
- Genetic Information Discrimination
- Disability Discrimination
- Retaliation Discrimination
- Gender / Sex Discrimination
- Sexual Orientation Discrimination
JURISDICTION
The Equal Employment Opportunity Commission (EEOC) has the authority to file or initiate Discriminations suits against employers for Discrimination or Harassment against job applicants or employees. The EEOC also has the authority to adjudicate claims of Harassment or Discrimination against Federal Agencies. The first Chair of the EEOC was Franklin D. Roosevelt.
The New York District Office exercises jurisdiction over New York state, including New York City, Brooklyn, Staten Island, Bronx, Queens, Nassau County and Suffolk County.
Other states covered by the New York District Office include New Jersey and the associated counties of Monmouth, Hudson, Mercer, Bergen, Middlesex, Union, Warren, Essex, Morris, Passaic and Hunterdon to name a few.
Other states covered by the office also include Connecticut, Vermont, Massachusetts, New Hampshire, Maine and Rhode Island.
FILING A CHARGE WITH THE EEOC
If you are an employee that has been subjected to discrimination at the hands of your employer; your remedy to stop the present and future illegal conduct of your employer starts at the EEOC. Filing a charge with the EEOC is the first step before filing a state or federal lawsuit.
Typically, you must file a charge within 180 days from the last date of a violation but that 180 day deadline will be extended to 300 days if state anti-discrimination laws apply. To preserve your issue, a complaint should be filed as promptly as possible.
The best course of action is to have a qualified federal lawyer help you prepare a charge on your behalf. This will ensure the charge is drafted properly and be received in the best possible light to advance your claim and to get you the help to stop the discrimination and help you recover the appropriate damages.
A charge of discrimination properly prepared by an EEOC Litigation Attorney will also put the case in the best possible posture should the employee ultimately wish to file a state lawsuit or a federal lawsuit.
MEDIATION
However, not all cases proceed to court litigation. The EEOC has internal mechanisms to stop discrimination which include Mediation. The process of Mediation is voluntary and non-binding. At times, it offers the employee a quick and efficient way to resolve disputes and avoid litigation in the courts. As with filing the charge, you should have one of the experienced lawyers from our firm represent you at this stage in order to maximize your results.
Although the EEOC mediator is impartial and neutral, only your own lawyer can advocate your interests the way you would expect which includes a specific remedy that may be vital to your position.
Nonetheless, if the employee is not satisfied with the monetary settlement or any other term and condition of mediation; the employee has the ability to pursue his or her case in federal court or state court. An experienced attorney will recommend the best venue with the greatest likelihood of success.
I invite you to a one on one private and confidential consultation regarding your State or Federal case.
If you choose to retain the firm, you will be confident that you have the complete loyalty of the firm and that we will fight very hard to achieve the goals that have been set for your case. Client expectations are first and foremost as the goal of the firm.