EEOC is first-step gatekeeper to pursuing an employer for discrimination, on age, gender, race, ADA-covered disability, nationality, investigation participant & some municipalities cover other protected classes.
But EEOC is only first step. It grants you right to sue, and reports to your employer that it, EEOC, has not dismissed your case and is allowing it to proceed to court, if you choose to file suit. Your employer may start to worry at this point. If your case is good, your employer/their legal counsel will know it and want to settle. But the first step in all of this is go to an employment attorney and concisely share how you believe you have been discriminated against and what specific negative outcome has happened, whether termination, demotion, etc. If they turn your case down, you pay nothing. If they take the case, it's a good sign, as lawyers want to take cases they can win and make money from. |
Attorney is looking for a) what adverse action was visited upon prospective plaintiff by employer, b) what protected class plaintiff can qualify as, c) how strong evidence is that "a" relates to "b".
Maybe it's terminated + age/disabiilty/race/gender/etc + documented behavior by manager or company disparaging that class. If it's whistleblower and witness protection, it might just be a) there was an investigation into race, gender, age or disability bias and b) complaintants or participants were terminated subsequently. See an attorney and assess what you have. EEOC is the next step, not the first. Then settlement or court. |
"Has the Employee Recently Made a Complaint?
Employers should be extremely cautious before terminating any employee who has recently claimed that the employer has done something illegal. For example, if the employee has come forward with a complaint that a manager is sexually harassing someone, that the company is not following work safety regulations, or that the company’s pay practices do not comply with the law, and the employee is then fired, the employee may have a strong case that he or she was fired in retaliation for making the complaint" |