The Equal Employment Opportunity Commission (EEOC) recently announced that it will resume issuing charge closure documents also known as Notices of Right to Sue or Right to Sue Letters. The EEOC is the first stop for claims of discrimination with respect to age, disability status, genetic information, national origin, pregnancy status, race, religion, and sex. The EEOC also handles claims of retaliation, sexual harassment, and violations of equal pay laws.
When the EEOC receives a Charge of Discrimination, it will notify the employer or organization within 10 days. If voluntary mediation or settlement do not resolve the charge, the employer may be asked to submit a statement of position to give their version of events. The EEOC will investigate to determine if there is reasonable cause to believe that unlawful discrimination occurred.
If the EEOC determines that reasonable cause exists, both parties will be invited to resolve the charge through informal conciliation. If conciliation fails to resolve the charge, the EEOC can enforce the alleged violation by filing a lawsuit in federal court, or it may issue the charging party a Notice of Right to Sue—enabling the charging party to file a lawsuit in federal court within 90 days. If the EEOC does not find reasonable cause to believe discrimination occurred, the charging party will be issued a Dismissal and Notice of Rights which also enables the charging party to file a lawsuit in federal court within 90 days.
The EEOC suspended issuing Notices of Right to Sue in April 2020 to delay litigation amid the COVID-19 pandemic. The suspension prevented the statute of limitations on filed charges from beginning to run during the pandemic. To minimize the impact on parties’ ability to pursue claims, the EEOC recently resumed issuing Notices of Right to Sue to parties alleging discrimination. The notices will be issued by mail in the order they were received by the EEOC. Employers should always be proactive in responding to charges of discrimination. Employers should also be prepared to defend against lawsuits following an EEOC charge of discrimination in the event the EEOC issues a Right to Sue letter.
The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP regularly represent employers before the EEOC and in court. We also assist employers in conducting investigations and developing non-discriminatory policies. If you have any questions about this or any other matter, please contact us at info@fisheldowney.com or call 614-221-1216.