So, the EEOC, or Equal Employment Opportunity Commission, is a federal agency that is charged with enforcing a number of federal statutes. Title 7 of the Civil Rights Act that prohibits discrimination, the Americans with Disabilities Act, which also prohibits disability discrimination, the Family Medical Leave Act, and there are a few other statutes that the EEOC enforces. Um, in order to pursue a claim, for example, under Title 7 of the Civil Rights Act, you must file a charge with the Equal Employment Opportunity Commission in order to administratively exhaust your remedies. You cannot go to law to file a lawsuit in court until you file with the EEOC. You have to file a charge.
It is strongly encouraged that you file what we say cross file with the state, uh, fair employment practice agency as well. So, for example, in Maryland, they have the Maryland Commission on Civil Rights, and and so you crossfile with both the EEOC and the Maryland Commission. The EEOC investigates charges, and then they also sometimes what’s called consiliate, where they engage in mediation with the parties, both the employer as well as the employee, to try to resolve their dispute.
If not, one of two things can happen. The EEOC can bring a claim on behalf of the charging party, or more likely they’ll issue what’s called a notice of right to sue and give the charging party 90 days to file a lawsuit in federal court. At that point, you’d be seeking a lawyer to assist you in filing the lawsuit. If you have any questions, please contact Eric Seagull Law. We’d be happy to answer them and help you navigate through that process.