EEOC and Finding of Probable Cause
If you have been a victim of discrimination in the workplace, you may be able to bring a claim against your employer to pursue compensation. Employees and job applicants are protected by a number of federal anti-discrimination laws, including the Civil Rights Act of 1964, Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA). These laws prohibit discrimination against employees based on race, sex, religion, national origin, disability or age. They also protects against retaliation in the workplace. Retaliation occurs when an employee is fired, demoted or harassed for making a compliant of discrimination or sexual harassment.
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal entity tasked with enforcing these laws and processing claims brought by employees against their employers, alleging discriminatory conduct. The EEOC claims process can be daunting, especially when an employee has faced particularly humiliating or painful treatment. At Phillips & Associates, our New York City EEOC attorneys have helped numerous employees navigate the claims filing process and can vigorously pursue your case within the EEOC. We draft your initial EEOC charge and file it with the New York District Office, located only a few blocks from our law firm. In some cases the investigation will end with the EEOC making a determination of probable cause on your behalf.SEEKING A PROBABLE CAUSE DETERMINATION IN AN EEOC CLAIM
If you have suffered from discrimination or sexual harassment at work, you can file a claim with the EEOC. Certain federal laws even make it a requirement that an employee file an EEOC claim prior to initiating a lawsuit in civil court. The EEOC claims handling process is complex and must be followed precisely in order to protect your right to the full amount of compensation to which you may be entitled. In general, an employee must make his or her claim with the EEOC within 300 days from the date that the discrimination occurred. The document filed with the EEOC will include information about the nature and extent of the harassment or discrimination. This includes information about the location of the incident, the protected characteristic that formed the basis of the misconduct, and the nature of the discriminatory or harassing action. Any witnesses to the incident should also be included in the claim.
Once the EEOC receives the employee’s claim, it opens an investigation into the charges and notifies the employer. The investigation will involve a number of efforts to gain additional evidence, interview the parties involved, conduct worksite visits, and perform a document review. In some cases, the EEOC will encourage the employee and the employer to attend mediation to attempt to reach a settlement in the matter. A mediation is a chance to resolve your claim working with a neutral EEOC mediator. Phillips & Associates has mediated hundreds of cases in the EEOC. If the case is not settled it goes to investigation.
After completing the investigation, the EEOC will render a decision about the employee’s claim and whether the employer engaged in unlawful discrimination. The time it takes for the EEOC to render its decision depends on the complexity of the case and the amount of evidence and documents to cover. Ultimately, the EEOC will issue a decision indicating either that there was no cause or that there was probable cause supporting the employee’s claim.
A finding of no cause means that the investigator assigned to the claim did not find any evidence that unlawful discrimination occurred. Conversely, a probable cause determination indicates that the investigator found good reason to conclude that the employer did engage in unlawful discrimination. If the case cannot be resolved through the EEOC, the employee will receive a Right to Sue letter allowing the employee to bring a discrimination action against the employer.CONSULT AN EEOC ATTORNEY IN NEW YORK CITY
If you have experienced discrimination at your workplace, you should not hesitate to take legal action. At Phillips & Associates, our New York City EEOC lawyers have represented employees throughout Manhattan, the Bronx, Brooklyn, Staten Island, and Queens. We offer a free consultation to help you learn about your options and do not collect any fees unless we obtain a settlement or a judgment in your favor. We represent victims of sexual harassment, discrimination and retaliation, throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island and Westchester. Call us at 212-248-7431 or contact us online to set up an appointment with an employment discrimination or sexual harassment attorney.
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