At the Law Office of Jeffrey A. Goldberg, our Austin Equal Employment Opportunity Commission [EEOC] claims lawyer is an experienced, Board Certified Labor and Employment lawyer who is a solutions-focused advocate for employees and executives. Our law firm is dedicated to protecting workers and executives from employer misconduct and unjust treatment in the workplace. If you have questions about filing an EEOC claim, we are here as a resource. For a free, confidential case evaluation with a top-rated Texas EEOC attorney, please contact our law firm today.
What You Should Know About the EEOC Claims Process
The Equal Employment Opportunity Commission (EEOC) is the primary federal agency responsible for administering, investigating, and enforcing the civil rights of employees and executives that prohibit workplace discrimination. Employees must go through the EEOC’s process before they can file an employment lawsuit. Here is a basic overview of the steps of the EEOC claims process:
- An employee files a complaint, or Charge for discrimination, harassment, or retaliation with the EEOC;
- The initial intake questionnaire and information supplied to the EEOC is confidential is currently done on-line through the EEOC portal;
- The information provided to the EEOC should be accurate, detailed and specifically related to potential discrimination claims that the EEOC investigates; otherwise the EEOC will dismiss the Charge if the complaint does not relate to the types of discrimination, harassment or retaliation that the EEOC handles;
- The complaint to the EEOC needs to be filed timely. There are very short time limitations to file a Charge with the EEOC and failure to timely file the Charge would result in waiving, or losing, those potential claims;
- It is important to understand that any information provided to the EEOC may ultimately be discovered or obtained by the company. Therefore, an employee or executive needs to be aware that information provided to the EEOC is not only accurate and true, but may be obtained by the company if the case proceeds to litigation;
- Once the claim or Charge is filed with the EEOC, the EEOC will contact you to schedule an interview to clarify the Charge of discrimination and any follow up questions it may have for you;
- It may take several months, or more, for the EEOC to respond to you to schedule an appointment or get additional information, particularly given the pandemic and the current filing system through the EEOC portal;
- After the Charge is filed, the EEOC will notify the company and also ask if the employee and the company would like to mediate the case. The EEOC has a mediation division and neutral mediator. The mediator does not represent the employee or the employer, but is a neutral third party who sets up the mediation to determine if the case may resolve, or not. It is important to know that if both the employer and employee agree to mediation, the employee or executive should consider hiring an attorney to represent them at mediation. The company would likely have its attorney and a company representative present at the mediation. The employee or executive would have a right to an attorney to attend the mediation with them to help protect their legal rights and fight for them.
- If mediation is unsuccessful, or not agreed to, then the Charge of Discrimination is then assigned to an EEOC investigator. The investigator is not a lawyer or a judge, but works for the EEOC. The investigator will request that the company respond to the employee’s Charge of Discrimination and the employer will provide the EEOC a Statement of Position—the company response to the Charge.
- The investigator would then follow up with the employee or executive and share information the employer has provided to the EEOC. The EEOC investigator may request additional information from the employee or executive to address any remaining questions or issues the investigator may have;
- The EEOC investigation process could take many months. Although the EEOC may try to conclude its investigation within 6 months, it may take much longer based upon the investigator’s case load and questions about your specific case.
- Ultimately, the EEOC investigator will make a determination—either in favor of the employee or the employer and issue what is called the Right to Sue.
- It is not uncommon for the EEOC to find in favor of the employer during its investigation. There are many reasons for this, but employees and executives should not be discouraged from having an attorney fully evaluate their case—even if the EEOC does not find in the employee’s favor.
- Once the Right to Sue has been issued by the EEOC, the employee or executive would then have 90 days to file suit from the date the Right to Sue was mailed. This is a very short time limitation to file a lawsuit in federal court.
The EEOC process is complex and the time limitations to file with the EEOC, or ultimately file a lawsuit, are very short. That is why you need to call our Board Certified Labor and Employment attorney in Austin
What You Should Know About The Texas Workforce Civil Rights Division [TWCRD]
Texas has a state agency similar to the EEOC, called the Texas Workforce Civil Rights Division, that investigates the same type of discrimination claims handled by the EEOC. TWCRD is located in Austin, Texas and enforces Texas State laws that protect employees and executives from discrimination, harassment and retaliation in the workplace. There is a shorter timeframe to file claims with the TWCRD than the EEOC, but the types of claims it investigates on behalf of employees and executives includes discrimination, harassment and retaliation claims. The EEOC and the TWCRD have agreements to share investigations depending on which agency the Charge is filed in.
Like the EEOC, the TWCRD has its own mediation and investigation unit. If your claim is accepted for mediation, you should consider immediately hiring Austin attorney Jeffrey A. Goldberg to assist you and represent you in mediation. The company will likely have its attorney and a company representative present at the mediation, so you should have an attorney representing you.
Similar to the EEOC, the TWCRD would ultimately investigate the case; render a decision and issue a Right to Sue in State Court. However, it is a much shorter time limitation to file suit in State Court—60 days—once the TWCRD issues its determination.
Jeffrey A. Goldberg has the skill and experience with EEOC claims, and the TWCRD, and can provide you a free case evaluation before you file with the EEOC or the TWCRD, and will also evaluate representation if your case goes to mediation with the EEOC or TWCRD.
You need the experience of an Austin Board Certified Labor and Employment attorney to provide you a free case evaluation before you file with the TWCRD.
You Can Rely On Board Certified Labor and Employment Attorney Jeffrey A. Goldberg
Our practice is focused exclusively on employment law. With nearly three decades of experience, Jeffrey A. Goldberg limits his practice to representing employees and executives in Texas, Jeffrey A. Goldberg is a Board Certified Labor and Employment attorney. He has a deep understanding of the EEOC claims process. When you reach out to us, you will have a chance to have a Board Certified Labor and Employment attorney provide you a free, confidential case evaluation. After the free evaluation and if Mr. Goldberg is able to assist you, or represent you, he will;;
- Explain the EEOC claims process;
- Investigate the incident—gathering the information you need to move forward; and
- Take action to protect your rights and get you the best outcome.
You deserve personalized attention from an employment lawyer who knows your case. We take on a select number of cases ensuring that we are in the best position to put time and resources into each and every case.
Call Our Austin EEOC Claims Attorney to Immediately Evaluate Your Case
At the Law Office of Jeffrey A. Goldberg, our Texas EEOC claims lawyer is a skilled, results-focused advocate for employees and executives. If your rights were violated in the workplace, we are more than ready to help. Contact us now for a free, confidential case evaluation. We represent employees and executives through the EEOC claims process in Austin and throughout Texas.