Filing a claim with the Equal Opportunity Employment Commission (“EEOC”) is a major decision. The EEOC investigates complaints from Colorado employees asserting employment discrimination based on certain characteristics, such as race, religion, sex and national origin.
After you file your EEOC claim, you may wonder what will happen next. After the EEOC receives your claim, they must notify your employer of the claim within 10 days.
Mediation or investigation
Next, the EEOC will either start investigating your claim or ask you and your employer to participate in mediation. This is a voluntary process where you and your employer discuss the claim and try to reach your own resolution.
You are not required to participate in mediation, but there are potential benefits and drawbacks. Think carefully about whether mediation is right for your situation before deciding whether to participate.
If you do not participate in mediation, or you do not resolve the claim at mediation, the EEOC will continue their investigation and ask your employer to send a written response to your claim.
What happens during an investigation
Every EEOC investigation is different and depends on the specific facts of the case. The EEOC may take various actions, such as interviewing you and your employer, interviewing witnesses and reviewing documents.
If your employer will not cooperate with the EEOC, such as refusing to talk with them or not granting access to their documents, the EEOC may issue subpoenas requiring them to comply.
Once the EEOC completes the investigation, you will receive their response. If any new events happen while the investigation is ongoing, such as additional discriminatory acts by your employer, or retaliation in response to your claim, you can add these events to your claim.
What are my options if I lose?
If the EEOC does not have enough evidence to determine that a law was violated, they will issue you a right to sue notice. This allows you to file a court lawsuit if you want to continue pursuing the claim.
There is no set time for how long an EEOC investigation takes, although many take approximately 10 months. Yours may take shorter or longer depending on what is involved.