The Equal Pay Act of 1963 (EPA) sets a special timeline for filing a claim. First, you are not required to file a cost with the EEOC under the EPA. It’s possible you’ll file a claim directly with the court.
The EPA allows you 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’ve got 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 once you file your charge. Then, your employer is notified of your charge and interviewed. From there, you might be offered a chance to mediate your charge. This offer 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 analyze the claim. Nonetheless, after 180 days, you have got the correct to request a Notice of the Right to Sue and take your criticism to court.
You probably have a case of age discrimination, you will have the best to file a lawsuit in federal court sixty days after you file an EEOC cost, even when the investigation is just not complete.
What Happens After the EEOC Resolves the Investigation?
The EEOC has three options when they complete the investigation.
The EEOC will find nothing to show any reasonable cause of discrimination or sexual harassment. They will difficulty a Dismissal and Discover of Rights which lets the employee know they will file a criticism in federal court within ninety days of receipt of the letter.
The EEOC will find 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 both parties.
If the conciliation is unsuccessful or either party refuses to participate, the EECO will problem a Discover of the Right to Sue. The Notice of the Proper to Sue provides you ninety days to file a lawsuit in federal court.
Our EEOC Representation Attorneys Can Assist You Throughout the Investigation Process.
The EEOC process and investigation can 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 also reply your questions relating to the process, the statute of limitations, and the investigation outcomes.
As soon as the EEOC completes the investigation, it is greatest to have your legal professional ready to file your grievance in federal court as soon as doable, considering you only have ninety days to file it. You shouldn’t waste that treasured time looking for an attorney to file your complaint. Instead, you need to have a trusted employment lawyer by your side, ready to complete the process.
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