Facing Workplace Discrimination? How to Pursue EEOC Claims

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You have the right to work in a discrimination-free workplace.  If you face adverse workplace treatment based on your race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, then you may have potential claims to pursue with the Equal Employment Opportunity Commission (the “EEOC”).  At The Law Offices of Peter D. Isakoff, we’re skilled at navigating the EEOC Charge of Discrimination process, and we fight for victims of workplace discrimination. 

What workplace rights do you have?

As an employee, you have legal protections from “Discrimination,” “Harassment,” and “Retaliation” in the workplace. 

Unlawful “Discrimination” occurs if you face adverse employment action due to being part of a “protected class.”  Specifically, the EEOC handles discrimination claims based on race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.  According to the EEOC, “to discriminate against someone means to treat that person differently, or less favorably, for some reason.” 

Unlawful “Harassment” occurs when someone directs negative, inappropriate, unwanted, bullying or abusive conduct towards another person because of a protected characteristic.  One specific type of workplace harassment, a “Hostile Work Environment,” arises when there is: 1) Harassing behavior directed towards an individual based on protected trait; 2) Harassing behavior based on a protected trait witnessed by an individual; and/or 3) Widespread favoritism that inflects the workplace, creating a hostile or abusive working environment, based on a protected trait. 

Unlawful “Retaliation” occurs when an employee: (1) engages in a protected activity; (2) is subsequently subject to an adverse employment action; and (3) can show that their protected activity was a motivating reason for the adverse action.  Protected activities can include good-faith employee claims to federal agencies like the EEOC.

Where can workplace discrimination happen?

Some common areas where workplace Discrimination, Harassment, and Retaliation can occur are:

-        Job applications, hiring, and employee recruitment

-        Employee background checks and pre-employment inquiries

-        Training, job assignments and promotions

-        Pay, benefits, and terms and conditions of employment

-        Reasonable accommodation (for disability or religion)

-        Dress codes

-        Workplace Harassment

-        Discipline and discharge

-        Constructive discharge/forced resignation

What laws protect your workplace rights?

Fortunately, there are numerous laws protecting employees, former employees, and job applicants from workplace discrimination, including but not limited to:

-        The Civil Rights Act of 1964

-        Title VII of the Civil Rights Act of 1964 (Title VII)

-        The Pregnancy Discrimination Act (amendment to Title VII)

-        The Equal Pay Act of 1963 (EPA)

-        The Age Discrimination in Employment Act of 1967 (ADEA)

-        The Genetic Information Nondiscrimination Act of 2008 (GINA)

-        Title I of the Americans with Disabilities Act of 1990 (ADA)

-        ADA Amendments Act of 2008

-        Sections 501 and 505 of the Rehabilitation Act of 1973 (Federal Government Employees)

Federal employment protections apply to most employers with at least 15 employees (20 employees for age discrimination cases).  Federal employment protections apply to both domestic and foreign employers operating within the United States, and can also apply to U.S. employers operating abroad.  North Carolina state laws also provide similar workplace discrimination protections, without limitations as to employer size.

Employers are also required to post informational posters and notices in the workplace notifying employees of their rights.  Employers must also maintain personnel records for at least one (1) year.  Federal contractors are required to have Affirmative Action Plans in place.  Employers are required to conduct prompt, fair, and thorough investigations of workplace discrimination complaints, and take appropriate remedial measures if violations are discovered.

How do you file EEOC Charges of Discrimination?

If you face workplace Discrimination, Harassment, and/or Retaliation, you may have potential EEOC claims to pursue.

The Equal Employment Opportunity Commission (“EEOC”) is the federal agency that enforces federal laws making it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law.  See www.eeoc.gov.

You begin the EEOC claims process by submitting a Charge of Discrimination to the EEOC (https://www.eeoc.gov/filing-charge-discrimination).  A Charge of Discrimination is “a signed statement asserting that an organization engaged in employment discrimination.”  A Charge of Discrimination is sometimes referenced as a “Form 5."

When you file a Form 5 Charge of Discrimination, you are called the “Charging Party.”  Your employer is called the “Respondent.”  Generally, you must file an EEOC Charge of Discrimination within 180 calendar days of the last date when employment discrimination took place.  This deadline can sometimes be extended to 300 calendar days in certain circumstances.  But in North Carolina, it’s best to generally rely on the 180-day deadline.

What results can you get through the EEOC process?

The potential remedies from the EEOC charge process depend upon the effect of the discrimination on the Charging Party.  Depending on the factual circumstances, potential remedies of the EEOC charge process can include:

-        Placement in a job and/or back pay and benefits.

-        Front pay (to place victim in as near as possible of a situation if the illegal action had not occurred).  Only available when the victim is ready and able to work.

-        Injunctive relief (stop discriminatory practices and make a plan for prevention for future).

-        Attorney’s fees, expert witness fees, court costs.

-        Compensatory and punitive damages (capped under federal law).

-        Out-of-pocket expenses caused by discrimination such as costs associated with job search, medical expenses.

-         Pain and suffering damages.

In the EEOC charge process, compensatory and punitive damages are capped at $50,000 for Respondent-employers with 15-100 employees; $100,000 for employers with 101-200 employees; $200,000 for employers with 201-500 employees; and $300,000 for employers with more than 500 employees.

How are EEOC cases processed?

There are several ways the EEOC initially processes Charges of Discrimination: (1) Charges of Discrimination that do not facially allege actionable claims are dismissed without further investigation; (2) some claims are sent immediately to EEOC Mediation, where the Charging Party and Respondent try to negotiate a voluntary resolution of the dispute; or (3) often, colorable claims are referred to EEOC investigators for further investigation. 

If a subsequent EEOC investigation determines that there is “reasonable cause” to believe workplace discrimination occurred, then the EEOC makes a “Conciliation Attempt,” where a “Conciliation Agreement” can be negotiated between the Charging Party and Respondent.  If the Conciliation Attempt fails, then the EEOC issues a “Notice of Right to Sue” letter, indicating that the Charging Party has exhausted the EEOC’s administrative remedies and may pursue their claims in federal Court.  In especially egregious cases, the EEOC may pursue its own enforcement lawsuit against the Respondent-employer.

Can a lawyer represent you in the EEOC Process?

Absolutely! 

If you face workplace discrimination, you may not know where to turn for help.  A skilled labor & employment lawyer can help you assert your EEOC claims.  Fortunately, there are many laws protecting workers from workplace Discrimination, Harassment, and Retaliation, and the EEOC charge process offers an avenue to pursue your workplace discrimination claims.  If you need thorough and aggressive legal representation pursuing EEOC Charges of Discrimination, please contact The Law Offices of Peter Isakoff anytime, day or night, at (336) 863-8348 (Main) or (336) 864-9115 (Español).

DISCLAIMER: The information in this article is provided for informational purposes only. It is not offered as and does not constitute legal advice. The accuracy of the information may change pending changes in applicable law. If you have questions about a specific matter, you should contact a lawyer. The use of this article or any information provided in it does not establish any lawyer/client relationship.