Discrimination Complaint and Civil Litigation Process

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The ruling put in force by Equal Employment Opportunity Commission (EEOC) make it against the law to discriminate against employees on the bases of race, color, religion, sex, national origin, disability, reprisal/retaliation, sexual orientation or age. An individual who files a complaint or takes part in an investigation of an Equal Employment Opportunity (EEO) complaint, or who go up against an employment practice made illegal under any of the laws enforced by EEO Counselor, is protected from retribution.

Individuals who think they have been discriminated upon, must contact an agency EEO Counselor. First the individual must contact an EEO Counselor within 45 days of the professed incident or effective date of the act. This time limit can be extended if the distressed individual gives details that he or she was not advised of the time limits and was not aware of them. The complainant can also choose an alternative dispute resolution of which is conducted within 30 to 90 days.

With EEO counseling, counseling must be completed within 30 days of the date the distressed individual contacted the agency’s EEO office to apply for counseling. The 30 day counseling period may be extended for an additional 60 days if the individual agrees to this extension in writing. If the matter is not decided upon in that time period, the counselor must inform the distressed individual in writing of the right to file a discrimination complaint. The Notice of Final Interview must inform the individual that a complaint must be filed within 15 days of receipt of the notice.

When a complaint is filed the EEOC must submit a written report to the agency’s EEO office concerning the issues discussed and the actions taken during counseling. A complaint must be filed with the agency that allegedly discriminated against the plaintiff within 15 days of receipt of the Notice of Final interview. The complaint must be a signed statement from the plaintiff or the plaintiff’s attorney....
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