The Equal Pay Act of 1963 (EPA) sets a special timeline for filing a claim. First, you are not required to file a charge with the EEOC under the EPA. It’s possible you’ll file a claim directly with the court.
The EPA allows you two years from the date of your last incorrect paycheck to file your claim with either the court or the EEOC. If the discrimination is intentional, you may have three years from the date of the final incorrect paycheck to file your claim.
The investigation process of the EEOC is layered. It begins with interviewing you while you file your charge. Then, your employer is notified of your charge and interviewed. From there, you are offered a chance to mediate your charge. This provide is made within ten days of filing the charge.
If you do not mediate the charge, your employer should file a written answer to the charge. You then have 20 days from receiving the answer to respond.
The EEOC might take up to 10 months to research the claim. However, after one hundred eighty days, you’ve got the right to request a Notice of the Right to Sue and take your complaint to court.
If you have a case of age discrimination, you could have the correct to file a lawsuit in federal court sixty days after you file an EEOC charge, even if the investigation just isn’t complete.
What Occurs After the EEOC Resolves the Investigation?
The EEOC has three options when they complete the investigation.
The EEOC will discover nothing to show any reasonable cause of discrimination or sexual harassment. They will concern a Dismissal and Discover of Rights which lets the worker know they’ll file a grievance in federal court within 90 days of receipt of the letter.
The EEOC will discover cause for discrimination. They will difficulty a Letter of Determination, which invites each parties to affix the EEOC in a process known as conciliation. Conciliation is a mediation between each parties.
If the conciliation is unsuccessful or either party refuses to participate, the EECO will issue a Discover of the Right to Sue. The Discover of the Proper to Sue offers you 90 days to file a lawsuit in federal court.
Our EEOC Illustration Attorneys Can Assist You During the Investigation Process.
The EEOC process and investigation may be nerve-wracking. During The process, your attorney can advise you regarding mediation, conciliation, and responding to any inquiries the EEOC sends your way. They can additionally reply your questions concerning the process, the statute of limitations, and the investigation outcomes.
Once the EEOC completes the investigation, it is greatest to have your lawyer ready to file your criticism in federal court as quickly as attainable, considering you only have ninety days to file it. You shouldn’t waste that precious time looking for an lawyer to file your complaint. Instead, you need to have a trusted employment lawyer by your side, ready to complete the process.
If you adored this post and you would like to get additional information concerning EEO Investigator Refresher Training kindly go to our own webpage.