What is the process to take a claim from the EEOC to District Court?
Once the employee has filed a complaint with the EEOC setting forth a brief factual basis for his claim, the employer is required to file a response to the complaint, along with supporting documents. The EEOC may then conduct a factual investigation of the claim. This investigation may include interviewing witnesses, taking statements under oath, and subpoenaing records. After its investigation, the EEOC may decide to file a lawsuit against the employer itself or issue a “right to sue letter.” The letter is not a final determination on the merits of the claim, merely a statement by the EEOC that it will not pursue the matter into Federal Court. The EEOC has issued guidelines for determining the enforcement priority of the various laws it enforces. Click here to see that policy statement. Once the Notice of Right-to-Sue is received, the Employee has 90 days to file his own complaint in Federal District Court.
