The Eeoc Essay Research Paper Federal Laws — страница 4

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address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; ? A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and ? The date(s) of the alleged violation(s). VIII. What Are the Time Limits for Filing a Charge of Discrimination? All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: ? A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party’s rights. ? This

180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. ? These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. ? To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected. IX. What Agency Handles a Charge That Is Also Covered by State or Local Law? Many states and localities have anti-discrimination laws and

agencies responsible for enforcing those laws. The EEOC refers to these agencies as “Fair Employment Practices Agencies (FEPAs).” Through the use of “work sharing agreements,” the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party’s rights are protected under both federal and state law. ? If a charge is filed with a FEPA and is also covered by federal law, the FEPA “dual files” the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling. ? If a charge is filed with the EEOC and also is covered by state or local law, the EEOC “dual files” the charge with the state or local FEPA, but ordinarily retains the charge for handling. X. What Happens After a Charge Is Filed

With the EEOC? The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled: ? A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred. ? EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. ? In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged

discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. ? The charge may be selected for EEOC’s mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation. ? A charge may be dismissed at any point if, in the agency’s best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not

produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf. XI. How Does EEOC Resolve Discrimination Charges? ? If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. ? If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a