Employees
can seek redress for retaliation, harassment, and a hostile work environment by
filing a suit against their employer, but must first file a claim with the
Equal Employment Opportunity Commission (“EEOC”) which has
strict time limits for filing a claim. For example, for allegations
involving almost all types of employment discrimination, the charging party
(i.e. an employee alleging discrimination) must file a complaint with the Equal
Employment Opportunity Commission (EEOC) before filing any private lawsuit, and
must do so within 180 or 300 days of the alleged offense (see below) Only after
receiving permission from the EEOC may individuals file a lawsuit. This
permission typically comes in the form of a "right to sue" letter
issued by the EEOC, usually only after the EEOC has found sufficient evidence
that a civil rights violation has occurred.
Justin London Law provides Retaliation Lawyers, EEOC Lawyers, Harassment Lawyers for workplace discrimination, towards eliminating or minimizing discrimination at work or other forms of employment discrimination, for harassment of all levels can hopefully be stopped.
Individuals
have federal statutory rights
Employees
are protected from discrimination and other workplace civil right violations
(retaliation, harassment, and hostile work environment) by
Title VII of
the Civil Rights Act of 1964 (42 U.S.C. §2000e) which is
designed to ensure equal employment opportunities without
discrimination on the basis of race, color, religion, sex or national
origin. Title
VII protects against segregation, retaliation, hostility, and opposition to
discrimination in the workplace thus covering hiring, firing, promotions, and
all workplace conduct.
Filing
Requirements and Limitations Period
In general,
an individual must pre-file a charge with the EEOC within 180 days after the
alleged unlawful practice occurred unless he or she has first filed a charge
with an appropriate state agency, in which case the complainant has the earlier
of 300 days from the date of the alleged violation or 30 days "after
receiving notice that the State or local agency has terminated the proceedings
under the State or local law."
Notwithstanding
the above, the EEOC regulations allow 300 days for filing a complaint in a
State where the State or local FEP agency has subject matter jurisdiction over
the claims, regardless of whether the claimant has first filed a claim with the
State agency.
Unless
excused by the court, a action must be filed within 90 days after receipt of a
right-to-sue letter.