EEOC Complaint Process in Virginia

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For employees with questions or concerns about workplace discrimination, the Spiggle Law Firm is available to provide personal legal advice about employment rights. Because of the complexity of these cases and the strict time limits that apply, an employee who has experienced workplace discrimination should get legal advice as soon as possible. An employment lawyer could provide guidance about employment rights and the EEOC complaint process in Virginia.

Laws Against Workplace Discrimination in Virginia

Federal and state laws protect employees from many types of employment discrimination. One of the broadest of these is Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, gender, religion, and national origin. Other federal laws prohibit discrimination based on age, pregnancy, disability, and other factors.

The Virginia Human Rights Act also bars many types of employment discrimination. State and federal laws overlap in some ways but differ in others, so getting legal advice is important to understanding which laws apply in specific circumstances during the Virginia EEOC complaint process.

Filing a Claim for Workplace Discrimination

Most discrimination cases begin with filing a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or the Virginia Commission on Human Rights (VCHR). One of our attorneys could go into further detail about the complaint process for these agencies and advise you about how to file a charge.

There are strict deadlines for filing discrimination claims in Virginia. If you do not file a complaint in time or do not file with the correct agency or court, you could lose important rights and remedies for workplace discrimination. Getting skilled legal advice can be crucial to understanding applicable procedures and making sure you do not miss crucial deadlines.

What Happens After a Filing a Charge of Discrimination?

After you file a charge of discrimination, the agency with which you filed assigns a charge number and provide a copy of the filing to your employer. Possible next steps include:

  • Dismissal of the charge if it was not filed on time
  • Voluntary mediation to attempt to resolve the case
  • Asking the employer to provide a response to the specifics of the charge
  • Further investigation, including interviewing witnesses and gathering other evidence

Once the EEOC completes its investigation, it notifies the parties of whether it has found evidence supporting the charge of discrimination. If it decides that there is cause to believe the employer discriminated in a prohibited way, it would issue a “cause-finding” and attempt to resolve the case.

What to Do After an EEOC Case Denial

If it does not find cause, the agency would give the employee a “Dismissal and Notice of Rights,” which allows the employee to file their case in court if they wish. Strict time limits apply to this, however, and employees must file cases based on a violation of federal anti-discrimination law within 90 days of the receipt of a dismissal.

The EEOC finds cause in only a small minority of the cases that it investigates, so you should not be discouraged if the EEOC review process does not have a positive result for you. A dedicated employment attorney could still help you pursue a case even if the EEOC states there was insufficient evidence to support the claim of discrimination.

Benefits of Hiring an Attorney For the Virginia EEOC Complaints

Employment law cases are complex and strict deadlines apply, so you should get personal legal advice about your case as soon as possible. An employment lawyer from our firm could help with the EEOC complaint process in Virginia in many ways, including but certainly not limited to advising you about the laws that apply to your case, helping draft and file a charge of discrimination, communication with the EEOC and other agencies, helping you calculate and negotiate a fair settlement, and advising you about other available actions to address workplace problems.

Above all, our goal is to provide professional guidance and help you obtain a positive resolution to your workplace legal concerns. Contact the Spiggle Law Firm today to schedule a consultation, or click here for a free online case review.