Process for Bringing a Claim

Question 1

How can an employee bring a claim under one of these statutes?

Answer 1

They must first file a charge with the Equal Employment Opportunity Commission. Only after exhausting that administrative process may an employee sue in federal court.

Question 2

What is required in a charge filed at the EEOC?

Answer 2

The charge must:

1. be made under oath,
2. identify th parties, and
3. describe the actions or practices complained of by the plaintiff.

Question 3

What is the statute of limitations for a discrimination charge?

Answer 3

Within 180 days of the occurence of the alleged unlawful employment practice or action.

Question 4

When does the statute of limitations begin to run?

Answer 4

It depends!

1. In cases in which multiple acts make up the unlawful employment practice, the 180 days begin running from the date of the final act.
2. If the employee files a charge with the Philadelphia Human Relations Commission within 180 days (which they have the right to do), then the EEOC filing deadline is extended to 300 days from the date of the unlawful action.
3. If the statute of limitations is waived, estopped, or equitably tolled, then it can be elongated.

Question 5

What happens once the employee files the charge with the EEOC?

Answer 5

The EEOC makes an investigation into the claim and makes a finding as to the merits.

Question 6

What findings can the EEOC make?

Answer 6

1. The charge has no merit and the EEOC will issue a notice of dismissal and relinquish jurisdiction over the charge.
2. The claim has merit and the EEOC will issue a finding of reasonable cause and attempt at conciliation between the parties.
   
   1. If conciliation fails, the EEOC will relinquish jurisdiction by issuing the employee a right-to-sue letter OR will file a lawsuit against the employer on its own.
3. Regardless of the EEOC’s findings, the employee may demand a right-to-sue letter at any point after 180 days have passed from the filing of the charge.

Question 7

When must the employee file suit after the EEOC is done?

Answer 7

Within 90 days from receipt of the notice of dismissal or right-to-sue letter.

N.B.: An ADEA plaintiff may bring suit without a notice of dismissal or right-to-sue letter.