Process for Discrimination Claim

Question 1

Filing Claim

Answer 1

EE must first file charge with Equal Employment Opportunity Commission (EEOC)

Only after exhausting administrative process through EEOC does an EE get right to bring the claim of discrimination in federal court.

Question 2

Statute of Limitations

Answer 2

EE must file charge WITHIN 180 DAYS from alleged unlawful employment act

Question 3

Investigation and Conciliation

Answer 3

Once charge filed, EEOC conducts investigation into EE’s claim and decides whether the claim has merit

If claim has merit, EEOC will issue a finding of REASONABLE CAUSE and
asks the parties to engage in “conciliation”

EEOC will issue EE right-to-sue letter

Question 4

EE Demand

Answer 4

EE has right to demand that EEOC issue a right-to-sue letter at any point after 180 days have passed from the filing of the charge

Question 5

Filing Suit

Answer 5

EE has 90 days from receipt of the notice of dismissal or right-to-sue letter to file the charge of discrimination in federal court

Question 6

Legal Remedies

Answer 6

(1) Compensatory damages (Title VII and ADA)
(2) Punitive damages (Title VII and ADA)
(3) Liquidated damages (ADEA)
(4) Attorney’s Fees (All 3)

Question 7

Equitable Remedies

Answer 7

(1) Reinstatement and instatement
(2) Back pay
(3) Front pay

Question 8

Duty to Mitigate Damages

Answer 8

Both Title VII and ADEA require that P mitigate back pay damages by using reasonable diligence in finding other suitable employment