What Happens After A Disability Discrimination Charge Is Filed?
After a Charge of Discrimination is filed with the Equal Employment Opportunity Commission (“EEOC”) or with the Civil Rights Division of the Arizona Attorney General’s Office, the investigator assigned to your case will send a letter to your employer, which will include a copy of your Charge of Discrimination. The employer will then be given a chance to provide a written response, which is called a Position Statement. At that point, the agency has both the employee’s initial Charge of Discrimination and the employer’s Position Statement. The employee will then be given the opportunity to respond to the employer’s Position Statement.
After the Position Statement is filed, and after the employee gives their response, if the agency feels that there is enough information to justify a further investigation, then they proceed with that investigation. The investigator may conduct additional interviews or ask for additional documents. The agency has wide latitude in pursuing an investigation, but in the vast majority of cases, the process is limited to simply interviewing the employee, reviewing the written Charge of Discrimination, the Position Statement, and the response, and the agency’s decision about whether to pursue a claim against the employer will be based solely on the information that was received in that process. The most common outcome for any Charge of Discrimination is that the EEOC or Civil Rights Division will simply send the employee a letter stating that the employee has the right to sue the employer, but that the agency will not be filing a lawsuit on their behalf. That is called the Notice of Right to Sue (commonly referred to as the “Right To Sue Letter”). From that point, the employee has 90 days to file a lawsuit against the employer. If they do not file within 90 days, then they no longer have the right to sue their employer for discrimination.
At What Point Can A Person File The Disability Discrimination Lawsuit?
A lawsuit for disability discrimination in the workplace can only be filed after an employee has received a Notice of Right To Sue from the EEOC or Civil Rights Division. This is provided after the investigating agency has completed the complaint and investigation process. It is only during that short window (after the Notice of Right to Sue letter has been received, but before 90 days has expired) that a lawsuit can be filed.
It is possible for the employee to receive the Notice of Right to Sue letter without waiting for the agency to complete its entire process. This typically happens when there is concern that the EEOC or Civil Rights division will not complete its investigation process before a filing deadline arrives, and so the employee can submit a written request to the agency that is handling the investigation and ask them to send the Right to Sue letter even before their process is completed.
For more information on Aftermath Of A Disability Discrimination Charge, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 378-2400 today.
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