A federal agency called the Equal Employment Opportunity Commission, or EEOC, enforces many federal workplace anti-discrimination laws.
Although Colorado also has state laws prohibiting workplace discrimination, it is sometimes to a victim’s advance to pursue federal remedies. Notably, federal employees in the Denver area who suffer discrimination will rely on federal laws, which the EEOC enforces, to get relief.
Before filing a lawsuit based on federal anti-discrimination laws, a person must file a Charge of Discrimination, loosely referred to as a complaint, with the EEOC. If a worker skips this step, a court may be forced to dismiss their lawsuit even if their allegations are true.
There are strict timelines for filing a Charge of Discrimination with the EEOC Most people should assume they have 180 days after the discrimination occurs to properly bring their grievance forward to the EEOC. Federal employees have much less time to do so.
The EEOC will investigate the Charge. How long the investigation takes will depend on the circumstances. After the investigation, the EEOC may “Dismiss” the charge if the agency does not find enough proof of discrimination. Upon dismissal, the employee may file their own suit, but they have time limits for doing so.
The EEOC may also issue a “Letter of Determination” explaining that they found employment discrimination. Even if the EEOC finds discrimination, it may decline to take on worker’s case. In that situation, the employee may file their own lawsuit. Again, time limits apply.
In certain cases, the EEOC may directly pursue an employer in court to recover compensation for the victim. Through their court action, the EEOC also may compel the employer to make changes to prevent future discrimination in their workplace.
The EEOC’s decisions do not mean an employee should not pursue compensation
Colorado employees do benefit from the EEOC’s involvement in discrimination cases. In recent weeks, the EEOC helped a Denver-area discrimination victim recover almost $100,000 against a major area employer. The victim complained after a person in management used a racial slur against him and then attacked him.
Still, the EEOC passes up on many cases. Often, these decisions do not have anything to do with the merits of a worker’s claims. For example, the EEOC’s decisions about which cases it will or will not take depend heavily on the agency’s capacity and policy goals.
Going through the EEOC is a necessary step if a Colorado worker wants to pursue a federal workplace discrimination claim. However, a victim should not give up if the EEOC does not handle their case the way they want. They should continue to evaluate their legal options.