Employment law is a multifaceted field with several state and federal bodies involved in workplace regulation and numerous laws governing various types of disputes. If you suspect you’ve been a victim of workplace discrimination, expert discrimination lawyers at PLBH can assist you in understanding the claims process and guiding you towards a settlement or a lawsuit.
This article provides insight into the ‘Right to Sue’ Letter, a crucial document in a federal discrimination complaint. For further inquiries or to schedule a consultation, feel free to reach out to us at (800) 435-7542.
Filing a Complaint with the EEOC
Federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act prohibit discrimination against employees based on certain attributes, including nationality, gender, race, and religion. Discrimination arises when an employer unfairly treats an employee due to one or more of these traits, for example, by terminating, demoting, refusing to hire, or withholding a raise or promotion.
In most discrimination cases, employees are required to file a complaint with the Equal Employment Opportunity Commission (EEOC) before they can sue their employer. The EEOC is the federal body responsible for enforcing anti-discrimination laws in workplaces. Similar processes exist in several states, necessitating a complaint to a relevant agency before a lawsuit can be initiated.
Independent EEOC Investigation
Upon receiving a complaint, the EEOC undertakes an independent investigation, which could involve interviewing witnesses, site visits, or requesting additional information. The EEOC often attempts to mediate between the parties. In rare instances, the EEOC may sue the employer on the employee’s behalf. More commonly, the EEOC will issue either a Letter of Determination or a Dismissal and Notice of Rights.
A Dismissal and Notice of Rights implies that the EEOC, in its investigator’s judgement, found no evidence of illegal discrimination. However, the employee can still file a lawsuit against the employer. Once this letter is received, the employee has 90 days to initiate a lawsuit.
The Value of a Letter of Determination
A Letter of Determination signifies the EEOC’s belief that discrimination may have occurred. Both the employer and employee receive this letter. The EEOC will try to resolve the dispute out of court. If this proves impossible, a ‘Right to Sue’ letter is issued, enabling the employee to file a complaint in federal court.
Typically, complaints by California employees initially filed with the EEOC are forwarded to the DFEH. This state body handles complaints of discrimination, harassment, and retaliation. The DFEH can also determine the presence of unlawful behavior. However, they frequently issue a ‘Right to Sue’ Letter as well.
Employees experiencing discrimination, harassment, or retaliation have one year after the last illegal act to file a complaint with the DFEH. Contrary to the EEOC’s limited timeframe, the DFEH gives the complainant one year from the date of the letter to initiate a lawsuit.
Next Steps after Receiving a ‘Right to Sue’ Letter
Once you’ve received a ‘Right to Sue’ letter, a strict 90-day deadline is imposed to file a lawsuit. Missing this deadline could lead to your case being dismissed and losing the opportunity to sue your employer for discrimination.
Upon receipt of the ‘Right to Sue’ letter, your immediate action should be to contact your attorney. If you don’t already have an attorney, connect with a proficient discrimination lawyer promptly. Your lawyer will need time to prepare a robust case before filing a lawsuit. Ensure you provide your attorney with a copy of your ‘Right to Sue’ letter at the earliest.
If you have received a Letter of Determination, a ‘Right to Sue’ letter, or a Dismissal and Notice of Rights from the EEOC, please contact PLBH at (800) 435-7542. Our lawyers, well-versed in employment discrimination laws, will work with you to file your case promptly and optimize your chances of success.