Filing a Claim with the EEOC
An employee must file a charge with the EEOC if he or she is filing a lawsuit in federal court on the basis of discrimination for any of the following distinctions:
- Sex (includes gender identity, pregnancy, and sexual orientation)
- National origin
- Age (over age 40)
- Genetic information
After filing a charge, the EEOC will open up an investigation. When the investigation is complete, the EEOC will provide the employee with a Notice of Right to Sue. This notice permits an employee to file a lawsuit against his or her employer in state or federal court. After receiving a Notice of Right to Sue, an employee has 90 days to file a lawsuit in court.
Employees who want to file a lawsuit before investigations are complete may request a Notice of Right to Sue. If 180 days have passed since the day a charge was filed, the EEOC is required to provide notice upon request. If an employee requests notice before 180 days have passed, the EEOC will only provide notice if the investigation cannot be completed in 180 days.
Exceptions to EEOC Requirements
There are two exceptions to the EEOC’s requirement that an employee file a charge before filing a lawsuit in court against an employer. These exceptions are:
- Equal Pay Lawsuits (EPA)
- Age Discrimination Lawsuits (ADEA)
Employees who want to file lawsuits under the Equal Pay Act do not have to file a charge with the EEOC first nor do they need to receive a Notice of Right to Sue before filing. An employee who is filing a lawsuit under the Equal Pay Act directly in court must file within 2 years from the time the pay discrimination took place. A claim can be filed within 3 years if the discrimination was willful. If you are filing under a sex discrimination charge for the payment of wages and benefits, you may file under Title VII in addition to the Equal Pay Act. To file a Title VII claim, you must first file a charge from the EEOC and receive a Notice of Right to Sue before filing a lawsuit.
If you are filing a claim on the basis of age discrimination, you must first file a charge with the EEOC. In these cases, you do not need to receive a Notice of Right to Sue before filing a lawsuit in court. You can file a lawsuit in court after 60 days have passed from the day you filed your charge with the EEOC. Age discrimination lawsuits cannot be filed later than 90 days after you receive notice that the EEOC has concluded their investigation.
Paramus, New Jersey Employment Law Attorney
If you have a claim you want to file against your employer based on any of the topics discussed above, contact an employment law attorney right away. The Law Office of Usmaan Sleemi provides high quality legal services to employees who have suffered damages due to their employer’s inappropriate and unethical conduct. A Paramus, New Jersey employment law attorney at the Law Office of Usmaan Sleemi can guide you through the process of filing a claim and can put you in an optimal position for financial recovery. Call the Law Office of Usmaan Sleemi today at (973) 453-4060 to set up a free and confidential consultation.