Equal Employment Opportunity Commission
As an employee working in the state of New York, you understand that the harassment and discrimination you’ve been subjected to at the office is unacceptable and illegal. You’ve done the research and are ready to take legal action. Taking legal action and filing a discrimination lawsuit against your employer is a more complicated process than you might imagine and a competent New York City employment lawyer’s guidance is crucial to a successful outcome. The average New Yorker understands that discrimination based on race, sex or religious belief is illegal. What to do when such incidents occur is a little less well known. Few New Yorkers are currently aware that before any discrimination lawsuits can be filed, a complaint must be filed with the Equal Employment Opportunity Commission. What is the EEOC and how does the process work? The EEOC attorneys at Arcè Law Group are here to help you through the process.Understanding the EEOC: Who are They and What is Their Role?
The Equal Employment Opportunity Commission is a government agency dedicated to enforcing all federal laws relating to discrimination in the workplace. Comprised of Presidentially selected individuals, the commission is responsible for investigating all charges of workplace discrimination, making a finding in each case and filing lawsuits to protect the rights of workers in our country. EEOC lawyers in New York have years of experience working with the Commission to protect your rights. Contact an NYC EEOC attorney today to learn how to start a claim. The EEOC was created specifically to enforce federal laws protecting victims of discrimination based on the following criteria. In relation to these laws, discrimination laws apply to the hiring, firing, wage and benefit allocation, and training of employees.
- National origin
- Genetic Information
Furthermore, protection is granted to the following groups of individuals.
- Those who have or are currently participating in a discrimination lawsuit.
- Those who are experiencing retaliation as a direct result of complaining about discrimination or harassment.
- Those who have been denied reasonable workplace accommodations that are needed as a result of their religion or disability.
- Those experiencing equal pay retaliation.
If you believe you have experienced discrimination or retaliation based on any of these criteria, contact a New York employment lawyer today to learn how to start the filing process with the EEOC.Filing an EEOC Claim: What’s Required
Not all allegations of harassment, discrimination and/or retaliation meet EEOC criteria for a claim. A NYC EEOC lawyer can help you parse through the specifics of your case to determine whether you’re entitled to EEOC protection. Review the following criteria and then contact an NYC employment attorney to get started. EEOC Claim Criteria:
- Your job must employ a minimum of 15 people for most cases. For age discrimination cases, the minimum is increased to 20 people.
- You must file your claim within 300 days of the incident. This is reduced to 45 days for federal employers and job applicants.
- You must not be an independent contractor.
- You must qualify as an employee, job applicant, former employee, participant in a training program or apprenticeship.
- If not employed in the United States, you are an American worker currently employed by a US company overseas.
- If filing an age discrimination claim, you are above the age of 40 years.
If your situation does not meet these criteria, contact an NYC employment lawyer. You may still be entitled to filing a lawsuit under state or city law.The EEOC Claim Filing Process
Filing a claim with the EEOC initiates an investigation process. Once you work with your NYC EEOC lawyers to file the needed paperwork, the EEOC will take over. Here is a review of what you can expect. The Process:
- You will file a “Charge of Discrimination.”
- The EEOC will invite you and the charged party to mediation while investigating the allegations.
- The EEOC will issue a conclusion.
- If violation of discrimination laws are found the EEOC will work to return the victim to the same position he or she held before the incident. The may include compensation for lost wages and redress for emotional distress.
- If no violation is found to be at play, you will be issued a Notice of the Right To Sue and you are eligible to file a lawsuit in a court of law.
If you believe you are the victim of workplace discrimination or harassment, contact an EEOC attorney at Arcè Law Group today. Our team is dedicated to ensuring justice for all New York City workers and will guide you through the process while acting as your advocate.