Two Ways Filing An EEOC Complaint Can Impact Your Workplace Discrimination Case
If your employer discriminates against you based on your race, sex, age, or other protected trait, you can sue for compensation for any injuries and damages you suffer as a result. However, the Equal Employment Opportunity Commission (EEOC) requires plaintiffs to file a complaint with its agency before launching a lawsuit. Unfortunately, this can complicate your case in two ways.
It May Take Longer To Resolve Your Case
The EEOC is charged with enforcing anti-discrimination laws. As such, it has a policy of investigating claims involving companies or individuals who violate these laws. While this can be beneficial to employees and society at large in many ways, one of the most obvious drawbacks is their investigation will extend how long it takes to resolve your case.
This can be problematic when time is a critical factor. For instance, every state has statutes that limit how long you have to file a lawsuit against the offending party. Depending on the circumstances, you could run out of time to sue while waiting for the EEOC to conclude its investigation.
This is one reason why it's important to consult with an attorney as soon as possible after deciding to pursue a discrimination claim. The lawyer can take steps to preserve your rights while the EEOC reviews your case, such as requesting a Notice of the Right to Sue that'll let you file a suit in court even if the EEOC case hasn't concluded.
It May Give Your Employer Ammunition Against You
Another potential problem is that the EEOC's investigation may not go in your favor. For a variety of reasons, the EEOC may conclude there's no evidence of discrimination and close the case. While this won't prevent you from suing, your employer may use the agency's verdict as part of the defense, which could make it harder to win your lawsuit.
In this situation, it'll be more important than ever to have an attorney help you build a strong case. The lawyer can find the weaknesses in the EEOC's investigation and figure out ways to overcome them. For example, there may be witnesses the agency didn't interview or evidence it overlooked. Your attorney can ensure the judge in your case gains access to the missing testimony or documentation, which may increase your chances of getting a ruling in your favor.
If you've suffered discrimination by your employer, contact a local employment attorney for advice and assistance.