Employment law is a complex field, comprising diverse regulations that guide various forms of lawsuits. Several state and federal agencies are involved in regulating workplaces. If you have faced discrimination at your workplace, competent discrimination attorneys can assist you through the entire legal process, from the initial claim filing to negotiating a settlement or proceeding with a lawsuit.
This article explores the crucial role of the Right to Sue Letter in a federal discrimination case. If you have received such a letter, it is advisable to seek the help of a professional discrimination attorney promptly. Contact PLBH at (800) 435-7542 for a legal consultation.
Understanding the Process of Filing a Claim with the EEOC
Federal laws, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act, prohibit employers from discriminating against employees based on specific characteristics, including gender, race, religion, disability, and national origin. Discrimination implies any unfavorable action taken against an employee—like termination, demotion, refusal to hire, or withholding a promotion or pay raise—due to these protected characteristics.
Before launching a lawsuit against their employer in most discrimination cases, employees must first lodge a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal entity responsible for enforcing federal employment discrimination laws. Several states have similar agencies and rules regarding filing a complaint with the agency before proceeding with a lawsuit.
Following the complaint filing, the EEOC conducts an investigation, which could involve interviewing witnesses, visiting the workplace, or requesting additional information. The EEOC often attempts to mediate between the parties. In rare cases, the EEOC might sue the employer on the employee’s behalf. More typically, the EEOC issues either a Dismissal and Notice of Rights or a Letter of Determination.
A Dismissal and Notice of Rights suggest that the EEOC investigator did not find any proof of unlawful discrimination. However, the employee can still initiate a lawsuit against the employer. The timeline to file such a lawsuit is 90 days from the receipt of this letter.
Conversely, a Letter of Determination signifies that the EEOC suspects discrimination might have taken place. Both parties—the employer and the employee—receive this letter from the EEOC. The EEOC then tries to negotiate a settlement between the parties without resorting to court. If they fail to reach an agreement, the EEOC issues a “Right to Sue” letter, permitting the employee to proceed to the next step—filing a lawsuit in federal court.
In California, employees who initially file through the EEOC typically have their complaints transferred to the DFEH, which handles state discrimination, harassment, and retaliation complaints. The DFEH can determine whether illegal conduct has taken place. More frequently, however, the DFEH issues a Right to Sue Letter. Employees who have faced discrimination, harassment, and/or retaliation have one year from the last illegal conduct’s date to file with the DFEH. Unlike the EEOC’s tight lawsuit filing timeframe, the DFEH allows the claimant one year from the letter’s date to file a suit.
What to Do Upon Receiving a Right to Sue Letter
Receiving a Right to Sue letter imposes a stringent deadline—you have only 90 days to file a lawsuit. Failure to meet this deadline can result in your case being dismissed, and you might lose the ability to pursue a discrimination claim against your employer.
Your first course of action upon receiving a Right to Sue letter should be contacting your attorney. If you haven’t already hired an attorney, reach out to an experienced discrimination lawyer as soon as you can. Lawyers require time to prepare a case before initiating a lawsuit, so the earlier you contact PLBH at (800) 435-7542 the better.