If you have experienced discrimination at work, you may wonder whether you should file a charge with the Equal Employment Opportunity Commission (EEOC) or move forward with a lawsuit. Many employees see these as two separate options, but in reality, they are often connected steps in the same process.
Understanding how the EEOC process works and how it relates to a potential lawsuit can help you make informed decisions about protecting your rights.
What Is an EEOC Charge?
An EEOC charge is a formal complaint alleging workplace discrimination. It asks the agency to investigate claims involving issues such as discrimination based on race, sex, age, disability, religion, or other protected characteristics.
Filing an EEOC charge is not the same as filing a lawsuit. In most cases, employees must first complete the administrative process before pursuing a discrimination lawsuit under federal law.
Once a charge is filed, the EEOC notifies the employer and begins reviewing the allegations. Depending on the circumstances, the agency may offer mediation, conduct an investigation, or request information from both parties.
What Happens After You File?
Every case is different, but there are several possible outcomes after an EEOC charge is submitted.
Some cases are referred to mediation, where both sides have an opportunity to resolve the dispute with the assistance of a neutral third party. Mediation can be a faster and less costly way to reach a resolution.
If mediation is unsuccessful or not offered, the EEOC may conduct a formal investigation. This process can include reviewing documents, interviewing witnesses, and gathering evidence related to the allegations.
At the conclusion of the investigation, the EEOC may determine there is reasonable cause to believe discrimination occurred, or it may decide there is insufficient evidence to support the claim. Regardless of the outcome, many employees ultimately receive a Notice of Right to Sue, which allows them to pursue their claims in court.
Why the Right-to-Sue Letter Matters
A Right-to-Sue letter is one of the most important documents in the process.
Once the letter is issued, employees generally have only 90 days to file a federal lawsuit. Missing that deadline can result in losing the right to pursue the claim altogether.
Because of this limited timeframe, it is important to understand your legal options before the letter arrives, rather than waiting until the deadline approaches.
Missouri Employees Have Additional Considerations
Missouri workers may have rights under both federal law and the Missouri Human Rights Act (MHRA).
The MHRA provides protection against workplace discrimination and applies to some employers that may not be covered under federal law. It also includes filing requirements that differ from the federal process.
In many situations, Missouri law imposes shorter filing deadlines than federal law. Waiting too long to act can jeopardize important legal rights.
Understanding which laws apply to your situation is often a critical part of developing an effective legal strategy.
Why the Initial Charge Is So Important
Many employees view the EEOC charge as a simple form. In reality, it can have a significant impact on any future lawsuit.
The allegations in the charge often help define the scope of claims that may later be pursued in court. If important details are omitted, it can become more difficult to raise those issues later.
For that reason, employees should approach the filing process carefully and ensure the charge accurately reflects the discrimination, harassment, retaliation, or other unlawful conduct they experienced.
Charge or Lawsuit? The Answer May Be Both
For many workers, the question is not whether to choose an EEOC charge or a lawsuit. Instead, the charge is often the first step toward preserving the right to file a lawsuit if necessary.
The administrative process can create opportunities for resolution through mediation or settlement discussions. At the same time, it helps preserve legal claims should court action become necessary later.
Understanding how these processes work together can help employees avoid costly mistakes and protect their rights from the beginning.
Taking the Next Step
Workplace discrimination can leave employees feeling uncertain about what to do next. Knowing the difference between an EEOC charge and a lawsuit is an important first step toward protecting your rights and evaluating your options.
If you have questions about workplace discrimination, harassment, retaliation, or the EEOC process, the team at Sedey Harper Westhoff can help you better understand your path forward and identify available options in your situation.