Charge Filing and Notice of Right-to-Sue RequirementsIf you plan to file a lawsuit under federal law alleging discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or retaliation, you first have to file a charge with the EEOC (except for lawsuits under the Equal Pay Act, see below). Show
We will give you a Notice of Right to Sue at the time the EEOC closes its investigation. You may also request a Notice of Right to Sue from the EEOC office investigating your charge if you wish to file a lawsuit in court before the investigation is completed (see below). This notice gives you permission to file a lawsuit in federal or state court. You Have 90 Days to File A Lawsuit in CourtOnce you receive a Notice of Right to Sue, you must file your lawsuit within 90 days. This deadline is set by law. If you don't file in time, you may be prevented from going forward with your lawsuit. Exceptions When Filing a LawsuitAge Discrimination Lawsuits (ADEA)If you plan to file an age discrimination lawsuit, you must have filed a charge but you don't need a Notice of Right to Sue to file a lawsuit in court. You can file a lawsuit in court any time after 60 days have passed from the day you filed your charge (but no later than 90 days after you receive notice that our investigation is concluded). Equal Pay Lawsuits (EPA)If you plan to file a lawsuit under the Equal Pay Act, you don't have to file a charge or obtain a Notice of Right to Sue before filing. Rather, you can go directly to court, provided you file your suit within two years from the day the pay discrimination took place (3 years if the discrimination was willful). Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. If you have an Equal Pay Act claim, there may be advantages to also filing under Title VII. To file a Title VII lawsuit in court, you must have filed a charge with EEOC and received a Notice of Right to Sue. Filing a Lawsuit Before the Investigation is CompletedIf you want to file a lawsuit before we have finished our investigation, you can request a Notice of Right to Sue. How to Request a Notice of Right to Sue:If you have a registered in EEOC's Public Portal, you can submit your request by logging in to your charge account and uploading your request. If you don't have an online charge account, send your request for a Notice of Right to Sue to the EEOC office responsible for investigating your charge and include your EEOC charge number and the names of the parties.
If you want the EEOC to continue investigating your charge, don't request a Notice of Right to Sue. EEOC LawsuitsIn most cases, the EEOC can file a lawsuit to enforce the law only after it investigates and makes a finding that there is reasonable cause to believe that discrimination has occurred, and is unable to resolve the matter through a process called "conciliation." The EEOC has discretion which charges to litigate if conciliation efforts are unsuccessful, and ultimately litigates a small percentage of all charges filed. When deciding whether to file a lawsuit, the EEOC considers factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination. Congress also gave individuals the right to file a lawsuit in court. Locating an Employment Attorney to Assist You in Filing a LawsuitUpon request, the EEOC offices can provide you a list of local attorneys who have indicated to EEOC they specialize in labor and employment law; the EEOC does not make specific recommendations. The following organizations also provide directories of attorneys who represent workers if you are considering filing a lawsuit: American Bar Association -
https://www.americanbar.org/groups/legal_services/ National Employment Lawyers Association:
http://exchange.nela.org/network/findalawyer Workplace Fairness: http://www.workplacefairness.org/find-attorney |