![]() Right to Sue Ī Right to Sue gives claimants the right to file a lawsuit in federal court. The EEOC says investigations typically take 10 months or longer. In FY 2020, the EEOC found 17.4% of charged cases to have merit. An investigator will determine whether or not there is reasonable cause to determine whether or not discrimination has occurred. The EEOC may ask the employer for additional information such as witness interviews, an on-site interview, or personnel files and policies. Charging parties have 20 days to respond to the respondent's position statement. Respondent's position statement and investigation Įmployers have 30 days from receipt of a charge to respond to allegations prior to any investigation or mediation offering, or if voluntary mediation was utilized, but unsuccessful. The average mediation with the EEOC takes 3 months. If the EEOC does not find merit in the charge, they will not offer, nor allow for a request, for mediation. Mediation is offered, or can be requested, prior to investigation, or after a finding of discrimination has been issued, during conciliation. In the 2020 fiscal year (FY), the EEOC reported more than 6,000 mediations conducted recovering nearly half of the $333.2 million in relief from mediation, conciliation, and settlement. Alternative dispute resolution īecause all federal agencies are required to offer an alternative dispute resolution, the EEOC offers mediation with external or internal professional mediators as a voluntary alternative to litigation, which typically results in faster resolutions. Charges may be filed on behalf of someone else to maintain some anonymity, for example, a parent may file a charge on behalf of a minor child. The EEOC investigation is confidential until the charge is filed, when the EEOC has 10 days to notify the employer of the charge. Genetic Information Nondiscrimination Act. ![]()
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