Long Island EEOC Representation
Long Island's population includes nearly 40% of the entire population of New York State, and it is the most populous island in any of the U.S. states or territories. Between 2011 and 2015, demographic studies have shown that it has become substantially more diverse in terms of who lives and works there. If you have been a victim of discrimination or harassment based on a protected characteristic, you may have recourse under federal and state laws. Most federal anti-discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC). You must file a charge with the EEOC before filing a federal lawsuit under any of the laws enforced by the EEOC. At Phillips & Associates, our Long Island EEOC lawyers can assist you in dealing with this agency and bringing a federal lawsuit if necessary.EEOC Representation for Employees
The EEOC is an agency that enforces a number of anti-discrimination laws against job applicants and employees. It also enforces the retaliation provisions of those laws. Generally, federal law only protects people who work for mid-size or large employers. The EEOC enforces Title VII of the Civil Rights Act (Title VII), the Pregnancy Discrimination Act (PDA), the Equal Pay Act of 1963 (EPA), Title I of the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Age Discrimination in Employment Act of 1967 (ADEA). Most of these laws apply to employers with at least 15 employees, but the ADEA applies to those that have at least 20 employees.
Under most of these laws, you will need to file a charge with the EEOC prior to filing an employment discrimination lawsuit, and you have only a limited amount of time within which to file this charge. Our EEOC attorneys can help Long Island residents make sure that they meet the applicable deadlines. If you believe that you have been mistreated in the workplace due to your race, national origin, sex, religion, or color, your charge would be filed as a violation of Title VII. (Sexual harassment is a subset of sex discrimination.) If you believe that you have been subjected to discrimination on the basis of being 40 or older, you would file a lawsuit arising out of the ADEA. If you have been harassed due to a disability, you would file a charge arising out of the ADA. The only law enforced by the EEOC that does not require you to file a charge prior to filing a private lawsuit is the EPA.
After receiving your filing a charge, the EEOC will send a notice of the charge to the employer. In some cases, the EEOC asks both the employer and the employee to participate in mediation. It is wise to have a Long Island discrimination attorney during this process to make sure that you reach a settlement that is truly acceptable to you. If you do not go to mediation, or it does not resolve the issue, the EEOC will ask the employer for a written response to the charge, and then you may be asked to respond. Our Long Island discrimination lawyers can assist with drafting your response. The EEOC will investigate what happened. You can ask for a Notice of Right to Sue after receiving the position statement. The EEOC is supposed to have 180 days to resolve the charge, but sometimes it will issue the Notice of Right to Sue before that time. The Notice of Right to Sue must be received before you sue in federal court if you file a charge under Title VII or the ADA. You do not need the Notice of Right to Sue if you are filing an age discrimination claim under the ADEA, and you can file your federal lawsuit 60 days after filing a charge with the EEOC.
You need not go through the EEOC process for an EPA violation. Instead, you can file your lawsuit in federal court within two years of the date that you were given the last wrongful paycheck.Get Assistance from an EEOC Lawyer on Long Island
At Phillips & Associates, we may be able to help you obtain damages if you were subjected to discrimination or harassment in the workplace. We offer free consultations. There are no upfront fees and we accept cases on a contingency basis, so you will not need to pay attorneys' fees unless we recover damages on your behalf. Contact us at (212) 248-7431 or through our online form.
585 Stewart Ave #410
Garden City, NY 11530