If you are convinced that your boss has discriminated against you, the first thing you may do to make them accountable is to file an EEOC complaint. But it is only the first step. The following suggestions can assist you in understanding how to win an EEOC complaint. If you’ve lodged an EEOC complaint and want the best potential outcome, go through the article thoroughly.
What is an Equal Employment Opportunity Commission (EEOC) Complaint?
An Equal Opportunity Employment Commission (EEOC) complaint is filed with the EEOC claiming discrimination. This commission implements all employment discrimination rules, including those contained in the Civil Rights Act of 1964. A complaint is the initial stage of the process that might involve a complete investigation and disciplinary measures against the entity subject of the complaint.
What Enables You to File an EEOC Complaint?
For achieving a victory in your EEOC complaint, you must first understand what constitutes a violation. You risk getting your complaint dismissed early in the investigation if you don’t know what makes your complaint probable to succeed.
If you think you have been wronged due to the reasons mentioned below, you can submit a complaint with the Equal Employment Opportunity Commission (EEOC).
1. Have you been discriminated against because of your:
- Sexual identification or orientation
- Medical history
2. Have you been harassed due to any of the issues stated above?
3. Have you experienced retribution due to filing a complaint or assisting someone with a complaint?
Everything You Need to Learn About How To Win An EEOC Complaint
- Retain the services of a qualified attorney to represent you in your EEOC complaint
EEOC complaints may not always have to lead to legal action. Although this is a possibility, you could be capable of resolving the situation sooner through direct talks with your lawyer and attorney for your employer or through mediation.
Mediation services are provided by the Equal Employment Opportunity Commission (EEOC). This approach comprises speaking with a neutral third party about your grievance and listening to both your and your employer’s sides of the story. Employers are sometimes eager to settle to avoid protracted legal battles.
Assuming your case doesn’t go to court, even then, the employer you have filed a complaint against is likely to be represented by lawyers during mediation. Hence, you need to consult an employment law attorney to increase your chances of obtaining a favorable conclusion.
- Keep your cool
It’s natural for all people involved to have strong feelings about the issue. If you believe you have indeed been discriminated against, you want to resolve your claim fairly. In fact, it would help if you did not allow your emotions to influence your actions during mediation. Even though you may wish to call the mediators ahead of time to inquire about how you should prepare, keep your cool and be courteous.
- Gather pertinent documentation
Ideally, your boss will tell the truth during the mediation process. But don’t think that they’ll always speak the truth. They may omit information, exaggerate, or outright lie. When this transpires, you must be ready to grab them in their deception.
That is one of the key reasons it is critical to have all required paperwork ready before the start of your mediation. Such chores might be made more accessible with the help of an employee rights attorney. They will assist you in determining what forms of paperwork are pertinent to your complaint, ensuring that you do not miss anything.
- Consider contacting coworkers
Reaching out to colleagues might be a complex topic to broach. Before taking any steps in this position on your own, consult with an attorney.
However, there are other scenarios in which colleagues could be able to substantiate your accusations. If the complaint is about disparate treatment, which means you were treated differently than some other workers for the same conduct (due to race, gender, age, or other factors), you may be able to find other workers who were not treated the same way you were. Fellow employees may also be able to verify this.
If your attorney encourages you to, reaching out to colleagues to obtain comments supporting your complaint may be a brilliant idea. If they advise you to take this step, make sure you work closely with them to prevent costly mistakes.
- Maintain a professional demeanor
If you arrive in mediation promptly, clothed as if it were a court hearing, and act professionally and respectfully toward all parties involved, you will create an excellent first impression. Although this may seem self-evident to some, it is essential to mention that that’s not always the case. The perceptions you make can have an impact on the mediation’s result. It’s also a great idea to obtain enough sleep before starting mediation. The procedure might be lengthy, and you don’t want to become fatigued.
What Factors Influence the Chances of Your Complaint Being Accepted?
Once you begin, evaluate your facts and ensure that the discrimination fulfills the criteria.
The following sorts of evidence have been used in many successful complaints:
- Video surveillance or personal devices can provide video proof.
- Disciplinary data of the complaint’s target’s misconduct.
- Notes, emails, and other correspondence that has been saved.
Procedures for EEOC Investigations
Even though the EEOC complaint is unfounded, an employer should devote the time, skill, and resources necessary to resolve it quickly. An employer’s failure to properly handle an EEOC complaint can result in significant financial penalties, even without merit.
Employers will be required to provide a statement of position, which will allow them to oppose the discrimination charge and offer proof for the charging party, including such policies, employment contracts, and disciplinary records.
The Equal Employment Opportunity Commission will also make official requests for pertinent records, including personnel, HR policies, and labor handbooks.
Investigators belonging to the Equal Employment Opportunity Commission (EEOC) may seek to visit the workplace. However, they realize that this may cause disruption. They may want to conduct employment interviews and copy files. For more information about the EEOC procedure, please visit their website.
Investigations Done by the Equal Employment Opportunity Commission (EEOC)
The material uncovered by the EEOC throughout the inquiry is utilized to evaluate if additional action is required. If the EEOC suspects discrimination, a formal investigation will be launched. Investigators from the Equal Employment Opportunity Commission (EEOC) may subpoena firm papers and compel workers to make statements as part of a formal inquiry.
If they haven’t previously done so, an employer should get legal counsel to handle their rights and duties. Handling an EEOC complaint can convert a frivolous complaint into an extensive inquiry without legal representation. An employment lawyer can help you cooperate with the EEOC without disclosing too much personal information.
In a Nutshell
In fact, it’s tough to fight for your civil freedoms and civil rights breaches on your own. If you suspect that one of these rights has been infringed, you should see an attorney for advice. An expert civil rights lawyer understands the distinctions between these fundamental rights and may assist you with a potential lawsuit.