Investigation and Enforcement

Many of the charges filed with the Equal Employment Opportunity Commission (EEOC) are not investigated by that agency.

If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, the EEOC will attempt to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, your case will be referred to their legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If they decide not to file a lawsuit, they will give you a Notice of Right to Sue.An EEOC investigation is usually initiated when an individual or organization (referred to as “complainant”) contacts the agency and describes the employment-related problem to an investigator assigned to act as an intake worker. If it appears that the information indicates a violation of a statute that the agency enforces, the intake worker will generally prepare a written “charge form.” The charge form summarizes the general facts of the claim, identifies the party or parties against which the charge is being filed, and specifically enumerates the section or sections of the particular employment statute (or statutes) alleged to have been violated. The complainant is then required to review the form, suggest necessary corrections if any, and sign the form.

EEOC Investigation and Enforcement Actions

The procedure used by the federal EEOC to enforce federal anti-discrimination laws has two components:

  1. an investigation to determine if, in fact, the law has been violated; and
  2. if the investigation discloses that the law was probably violated, the filing of a court suit against the party or parties charged with the illegal conduct.

An EEOC investigator is assigned to the case. A copy of the charge is served on the party (“respondent”) alleged to have violated the employment statute. The respondent is given an opportunity to file an answer or response in which it has an opportunity to admit or deny the factual and legal claims made against it. Often, at this time, the EEOC investigator will contact the respondent to explore the possibility of settling the claimed violation of law. Settlement proposals may include offering a job to a frustrated job applicant, paying a small sum of money to compensate the complainant for alleged damages, providing a favorable written job reference, or other possibilities.

If the case cannot be settled, the investigator tries to determine the facts pertinent to the charge or complaint. Investigation may include interviewing witnesses, reviewing documents and employment records, reviewing formal or informal legal and factual position statements submitted by the parties, and investigative fact-finding hearings. Upon completion of the investigation, the agency will determine whether or not it believes the charge to have merit.

If the facts disclosed by the investigator appear to indicate that the respondent has not violated the law, the complainant is contacted and informed of that result. Unless there is new evidence, the charge is then dismissed by the agency.

However, this does not necessarily end the case. In dismissing the case, the EEOC must issue a right-to-sue letter to the complainant. This not only provides the complainant with notice that his or her case has been dismissed but also informs the complainant that he or she now has 90 days to file a court suit on his or her discrimination claims against the respondent.

If the facts disclosed by the investigator appear to indicate that the respondent has violated a statue enforced by the EEOC, the agency contacts the charged party and proposes a settlement of the case. If no settlement is reached, the EEOC issues a finding of “probable cause” that the statute has been violated and files a law suit in court against the respondent.

Summary

If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, the EEOC will attempt to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, your case will be referred to their legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If they decide not to file a lawsuit, they will give you a Notice of Right to Sue.