How Long Will an EEOC Investigation Last?
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. You could 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 have got three years from the date of the last incorrect paycheck to file your claim.
The investigation process of the EEOC is layered. It begins with interviewing you when you file your charge. Then, your employer is notified of your charge and interviewed. From there, you might be offered an opportunity to mediate your charge. This supply 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 reply to respond.
The EEOC could take up to 10 months to investigate the claim. Nevertheless, after 180 days, you will have the fitting to request a Notice of the Right to Sue and take your complaint to court.
If in case you have a case of age discrimination, you’ve the precise to file a lawsuit in federal court sixty days after you file an EEOC cost, even if the investigation just isn’t complete.
What Happens After the EEOC Resolves the Investigation?
The EEOC has three options after they complete the investigation.
The EEOC will discover nothing to show any reasonable cause of discrimination or sexual harassment. They will situation a Dismissal and Notice of Rights which lets the employee know they will file a criticism in federal court within 90 days of receipt of the letter.
The EEOC will discover cause for discrimination. They will issue a Letter of Dedication, which invites each parties to join 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 difficulty a Notice of the Proper to Sue. The Discover of the Right to Sue gives you 90 days to file a lawsuit in federal court.
Our EEOC Representation Attorneys Can Assist You During the Investigation Process.
The EEOC process and investigation may be nerve-wracking. Throughout The process, your attorney can advise you relating to mediation, conciliation, and responding to any inquiries the EEOC sends your way. They’ll also reply your questions regarding the process, the statute of limitations, and the investigation outcomes.
Once the EEOC completes the investigation, it is best to have your legal professional ready to file your grievance in federal court as quickly as doable, considering you only have 90 days to file it. You shouldn’t waste that treasured time looking for an attorney to file your complaint. Instead, it is best to have a trusted employment lawyer by your side, ready to finish the process.
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