EEOC Complaint Process in Reston
Filing a complaint with the U.S. Equal Employment Opportunity Commission, better known as the EEOC, is the first step to resolving any employment concerns. This agency helps protect employees from illegal discrimination and retaliation in the workplace.
The EEOC complaint process in Reston is different for federal workers and those in the private sector or other government positions, so it is important to follow procedures which may be specific to your place of employment. An EEOC attorney could assist you during the complaint process and in filing a lawsuit against your employer if necessary.
Overview of EEOC Complaints
When someone files a complaint alleging that their employer engaged in workplace discrimination, the EEOC refers to that as a “charge of discrimination.” Otherwise, claims filed in the federal sector are considered formal complaints.
The EEOC complaint process in Reston has deadlines at virtually every stage, but local legal counsel could help you preserve your right to obtain remedial action by adhering to allotted time-frames. If the EEOC decides not to pursue a complaint, you may file a lawsuit for legal relief.
Filing a Charge of Employer Discrimination
Employees in Reston who work for an organization other than the government generally have 300 days to file a charge of discrimination as long as a state or local agency enforces federal employment regulations. Otherwise, if there is no state or local enforcement, the deadline for filing is generally 180 days.
A charge of discrimination is a signed statement which alleges employment discrimination by a business owner and requests remedial action from the EEOC.
The EEOC complaint process in Reston for non-federal employees may be initiated online through the agency’s public portal, in person at an office, or by mail. While you may also start the process over the phone, it will need to be completed in writing. Complaints through the Virginia Division of Human Rights can also be cross-filed with the EEOC. If the EEOC dismisses your charge, you may be able to file a lawsuit in federal court with the help of an experienced lawyer.
Complaints in the Federal Sector
Federal employees must first meet with the EEO Counselor stationed at their place of employment before they can file any formal complaints. In most cases, a worker must contact the Counselor within 45 days of the discriminatory action in order to have a valid claim.
An EEO Counselor typically offers counseling or participation in alternative dispute resolutions such as mediation. If these actions fail to resolve your situation, you may file a formal complaint.
After filing, the EEO Counselor has 180 days to complete an investigation into your employer’s misconduct. You may then ask the agency to issue a decision or request a hearing in front of an administrative law judge. If the EEOC finds no discrimination or dismisses your complaint on procedural grounds, you may appeal its decision.
The EEOC complaint process in Reston also allows you to seek reconsideration if the decision on your appeal is unfavorable. Once all administrative remedies are exhausted, you may file a lawsuit in court for damages such as lost wages.
Get Assistance with the EEOC Complaint Process in Reston from an Attorney
Formal complaints of discrimination in the workplace must include written documents that clearly and precisely state the grounds for the allegations. Many claimants find it helpful to seek assistance from the Spiggle Law Firm when preparing to file a complaint.
The EEOC complaint process in Reston is complex and can be overwhelming, so let an attorney assist you in preparing and filing a charge of discrimination and a lawsuit if necessary. Contact us today to start discussing the details of your case.