EEOC Process | Phoenix Employment Attorneys
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- เผยแพร่เมื่อ 16 ส.ค. 2018
- Want to learn more about the EEOC process? Watch this video. Then call an experienced Phoenix employment lawyer.
The EEOC’s process is a very distinct process that must be followed, and it’s important that the process is followed because once the matter is filed in court, one of the reasons the case could be dismissed is if all of the administrative proceedings have not been adhered to. Understanding the EEOC process is critical. A lot of lawyers that are not experienced in that area don’t understand the EEOC process. We’re fortunate here at Smith & Green that our managing partners were former EEOC investigators, so this is the world that we lived in for some time, understanding the process.
Virtually what happens with the EEOC is, once you’ve voiced your concerns with the employer, and you feel like it has not been resolved amicably, or it was a termination where you no longer have the right to voice it with the employer, you file a claim with the EEOC. That could be done either by walking in or online. You schedule an interview with an investigator. At that time is when you lay out your concerns as to why you feel you have been discriminated against, based on one of those five laws.
It’s important to note that some of the claims have a 300-day statute of limitation on them, other claims have 180-day statute of limitation on them, which literally means you must have that claim filed with the EEOC or it’s a fair agency, which is a state agency that’s charged to collect those types of claims or address those claims. In Arizona, it happens to be the Arizona Department of Justice handles those claims, their employment division. Depending on where you file, it could also have an impact on whether it needs to be filed within 300 days or 180 days.
Not all employers qualify under the statute of the EEOC. If you’re going to file a race discrimination claim because you feel like you are being treated differently than people who are of a different race, sex, religion, or skin color than you, that employer has to have at least 15 employees. That’s the broad rule, at least 15 employees to qualify, to be subject to the rules or the requirements of Title 7. If that employer only has six employees, they wouldn’t qualify under Title 7.
Now there may be some other local codes that could hold that employer accountable, or state codes that could hold that employer accountable. Under the federal statute, Title 7, they would have to have 15 employees. That’s not a hardline rule because if you could have 15 employees over the course of a specific period of time, over a year for example, that could meet the 15-employee threshold.
If the employer only has one employee and has only had one employee for an entire year, Title 7 is not going to be your statute of choice to pursue under. That’s just an example of how the EEOC works. They would look at this to make sure that that employer is actually subject to the law of Title 7 or some of the other laws.
Virtually, you would go down to the EEOC, schedule it over the phone or you could do a phone interview. You could fill out the forms online. Or you can come to a lawyer’s office that has all the information. They would draft up a charge for you, referred to as a Form 5. That is the charge of discrimination. It is a plain and simple statement of what has happened to you. How you feel like you were discriminated against. What the difference was in treatment or the impact of the difference in treatment.
Once that charge is filed with the EEOC, the tolling time stops at that time. In other words, time is tolled at that point; the statute of limitation, if you’re within that 300 or 180 days, is suspended. Some of these cases go on for years and years. It’s suspended at that point. You are safe. At some point, you will be able to file in court, once you receive a notice of right to sue from the EEOC. At that point, the EEOC generally has about ten days to make sure that that claim is served on the employer. In other words, the employer gets notice of the claim.
If that investigator determines that the claim has merit to it, then that employer will be required to submit a response, or what the EEOC refers to as a position statement, or a statement of position. It’s literally them explaining their side of the story. A lot of times, especially with bigger employers, they will hire outside counsel; some of them have inside counsel. Some of them let human resources respond to these claims.
Contact us today at (smithgreenlaw.com) or call 602-812-6799 for guidance.
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And a lot of attorneys will not take a claimants case until the EEOC's Notice of Right to Sue has been issued to the employee.
Crazy I came around this video. I contacted several attorneys and all tell me to contact them once EEOC sends the Right to Sue letter but you say otherwise. Maybe I just need to contact you instead.
Well explained. Thank you.
This was very helpful. Thank you!
Hey what's up Quacy. You randomly showed up in my TH-cam feed. Good to see you.
Thanks for sharing! 👍🏾
Respect!!!
Good Stuff BM. Question, whats a great space for AA to live in the state of AZ?
Very Good Information
It appears he is now a personal injury attorney. He charges a fee for employment consultation. No fee for personal injury claims.
Does your office provide advicement for a Pro Se Federal EEOC claimaint?
Need a bit of help .
Does your firm have presence in Tennessee or licensed to practice?
The background music is too loud fyi
Does the office take cases out of Texas.
I live in Alabama, would you take a case I filed against a Phoenix employer?
I filed a case a couple of weeks ago and I received a letter a couple of days ago saying they've transferred my case to mediation, offering me the option to meditate the case...all this has been pretty fast, but i think my former employer will reject the opportunity to meditate...do they typically start the investigation process after the employer rejects mediation?
Yes. I have filed several claims due to several orientation discrimination isues.
Yes, however they will just sit on your case and not actually investigate for months/years, then issue you a RTS letter.
So because of time frames an employee can't hold threats of EEOC complaint over employer indefinitely
👏🏽👏🏽👏🏽👏🏽
Federal government employees get it worse. They only have 45 days to report an allegation. The agency picks and choose which claims they will accept. Talk about bias.
Do you take employment cases in Tampa Florida? Or a recommendation for a attorney here?
Yes
I am in Georgia but I will pay to have a conversation about what to look for
Why not responding the questions from the comment sections?
So, eeoc laws only protect employees previously hired by a company that has in retrospect discriminated against them? nevermind proving this in court. These laws do not apply to potential employees but no hired without sufficient proof of discrimination?
These laws also cover potential employees (applicants). There are many YT videos that cover what Title VII covers.
Too 😍 cute.
😂😂 stop
If your out on disability and managers are moking your disability to coworkers but only one witness was there. Is that disability discrimination?
Yes, that can be considered disability discrimination. Any crude, rude, etc. remarks about a person's disability, age, sex, race, color, religion, or any other protected class is considered discrimination.
Yes and it created a toxic environment for you as well
I’m somewhat in this same situation but worse! I have cancer and l will be in treatment for as long as l live. I wear a wig and I’m a black
Women working in an office where the others are Hispanic except for one other black women. A coworker came to work with a blonde wig and paraded around the office with it on her head. She then put the wig on a paper towel head and left it on her desk for one week. Then in November 2022 my immediate supervisor’s husband came into the office and called us a racial slur ! I complained to HR and l was told that he was just a little belligerent and security has been notified. I was done!!!!!! I contacted a lawyer asap who took my case. A demand letter has been sent to the corporation etc. l didn’t report the wig incident for 6 months because l need my insurance so badly! Without treatment l will die. My cancer is stage 4. I’ve worked for this giant company for 18 years. They are well
aware of my cancer diagnosis from the beginning!😢
Your background music is too loud and distracting.
Good morning,
I filed 2 EEO claims for discrimination and the second was proven retaliation . I was threatened to be fired for my original claim of discrimination.
The investigator repeatedly altered my statements. I called recording myself asking her why she did this. In the video her phone number is being displayed. She laughed and says it will stay that way too. I laughed and said good. You just admitted on video you're obstructing justice. She then passed it to another investigator. This investigator also altered my statement. I pulled up a case where she was proven to have done this prior and had her license stripped. When I sent the case back to her and asked her to fix it... I get threatened and told I'm now being investigated.
Myself as well 2 other black male was targeted and made racial jokes towards us and Homosexual comments. We recorded it and submitted it to the HR Director and sent several emails and they said that they won't investigate we contacted the EEOC and the company original lawyer sent a response and I sent recording and emails to prove that they were dishonest and the lawyer quit. Now the EEOC has separated our case and dropped our case one by one but issued a right to sue letter. This is concerning when we have evidence and recording but nothing is happening
I have a daughter whom has a Successful Career in the Banking Business. She's smart and beautiful inside and out.
Her name is Julia. She looks like Holly Berry. She's a Widow and she is so young.
Please let me know Mr.Smith if u are Single.
Mom
❤️.. Sweet