Worried about doing this on your own? You may be able to get free legal help.
If you think that you have experienced employment discrimination in hiring, promotions, or firing, you can contact the Equal Employment Opportunity Commission (EEOC). You must file an official charge with the EEOC within 300 days of the act of discrimination.
You can also file with the Illinois Department of Human Rights (IDHR) or a local agency. Learn more about reporting workplace discrimination.
First, contact an EEOC counselor by e-mail, phone, letter, in person or via the EEOC Public Portal. Contact the counselor about the potential job discrimination issue before you file a charge. Go to the EEOC website to find your nearest field office.
The Complaint must include:
- A description identifying the discrimination act,
- Information on the person who discriminated against you,
- Your telephone number and address, and
- Your signature.
Counseling and/or dispute resolution (ADR) may be offered to try and settle the dispute without any more formal complaints.
[no-lexicon]Mediation[/no-lexicon]
Some cases are referred to mediation. Mediation is voluntary, so it occurs if both you and your employer agree to it.
If your case does not go to mediation, or if mediation is unsuccessful, the EEOC investigates the claim. The amount of time the EEOC takes varies. It depends on the amount of information gathered.
The EEOC will conduct a neutral investigation of the allegations in the complaint. You will receive a Notice of Right to Sue if the EEOC cannot determine the law was violated. A Notice of the Right to Sue gives you permission to file a lawsuit in court. If you wish to file a lawsuit, you must do so within 90 days of receiving the notice.
If the EEOC determines the law may have been violated, it will try to reach a voluntary settlement with your employer. If it cannot do so, the Investigator will refer the case to the EEOC's legal staff. The legal staff decides whether the agency should file a lawsuit. If EEOC decides not to file a lawsuit, you will receive a Notice of Right to Sue. If you wish to file a lawsuit, you must do so within 90 days of receiving the Notice.
Before the hearing, you and your employer will be given an opportunity to view documents and other important information the other has prepared.
During the hearing, the EEOC will hear the facts and evidence from you and your employer. Once both sides are heard, the EEOC will provide a final decision about the discrimination.
If you are not happy with the decision of the EEOC, you can appeal within 30 days of the decision.
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Worried about doing this on your own? You may be able to get free legal help.
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