If you face discrimination in the workplace, it may be time to pursue a claim through the Equal Employment Opportunity Commission (EEOC). This federal agency investigates workplace discrimination based on factors such as your race, religion, or sex.
While you have the power to file an EEOC charge without an attorney, doing so can be a serious mistake. A single error in the filing can have lasting consequences for you and your claim. Give yourself the best chance of success by relying on the guidance of a Sacramento EEOC lawyer at Erkel Law, P.C.
Discrimination occurs when an employer treats a worker less favorably than others. The EEOC protects employees from discrimination at work based on certain factors related to their identity. This does not mean every negative outcome or unfair termination will result in a viable claim for damages. The EEOC will only act when a person is treated unfairly based on the following factors:
Discrimination can come in different forms, including wrongful termination, being passed over for a promotion, or facing abuse or harassment at work. This treatment might come from an employer, supervisor, or co-worker. In any of these situations, an attorney from Erkel Law, P.C. can help Sacramento workers pursue an EEOC claim.
When it is time to proceed with a claim, the first step is to contact a local EEOC office and file a complaint. This can be done in person, although most people file online or over the phone. The EEOC requires extensive information about the worker, their employer, and the facts surrounding any acts of discrimination.
Some timelines must be met throughout this process. This typically means filing a complaint with the EEOC within 180 days following the date of the discrimination or harassment. In some cases, it may be possible to extend this deadline to 300 days.
Once the EEOC has all of the information it needs, it will proceed with an investigation. During this process, investigators will typically seek more information from both the worker and their employer. This might involve interviews with witnesses and requests for documents related to the incident.
Along the way, the EEOC might offer mediation to the parties. This is an opportunity for both sides to work towards a resolution in a short time period. The benefits of this type of settlement include a shortened process and avoiding the cost of litigation.
Ultimately, the investigators will reach a conclusion on whether or not discrimination took place. If the allegations are verified, the EEOC may attempt to settle the matter on behalf of the worker. In other situations, it might issue a “right to sue” letter, authorizing that individual and their Sacramento EEOC attorney to file suit directly in federal court.
There are different remedies available through a successful EEOC claim, most of which involve financial compensation. Most damage awards are designed to cover out-of-pocket expenses, including costs related to job seeking or medical care. Damages are also available for emotional harm and inconvenience.
In some EEOC cases, a Sacramento lawyer could also help workers secure punitive damages. Rather than helping a person recoup their losses, these awards punish employers who discriminate or allow discriminatory behavior to occur in the workplace.
If you have faced on-the-job discrimination, you may be entitled to compensation. Let a Sacramento EEOC lawyer review your case and advise you of your options. Contact Erkel Law, P.C. today and schedule a private consultation to discuss your claim.
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