Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.

The Equal Employment Opportunity Commission (EEOC), enforces the nation’s employment anti-discrimination laws which prohibit actions by employers including hiring discrimination, based upon race, color, sex, religion, or national origin.  As a requirement for suit, an employee will usually be required to bring their employment based discrimination and retaliation charges against the employer through the EECO and obtain a Right to Sue.

The time required before a Right to Sue can be obtained depends upon the type of discrimination and/or retaliation claims brought by the employee in the EEOC.  If the employee filed his or her charge under Title VII (discrimination based on race, color, religion, sex and national origin), or under the Americans with Disabilities Act (ADA) based upon disability, the employee must obtain a Right to Sue from the EEOC before he or she can file a lawsuit in Federal Court.  Generally, the employee must allow the EEOC one hundred and eighty (180) days to resolve the employee’s charge before the Right to Sue can be obtained.  However, in some cases, the EEOC may agree to issue a Right to sue before the one hundred and eighty (180) day limit has expired.

If an employee has filed his or he charge under the Age Discrimination in Employment Act (discrimination based upon age 40 and above), the employee is not bound by the requirements of a Right to Sue, and may file a lawsuit in Federal Court sixty (60) days after his or her charge was filed with the EEOC.  It is important to realize that even though a Right to Sue is not required, the employee must still initiate his or her charge under the Age Discrimination in Employment Act with the EEOC, and cannot bypass this step and move straight to Federal Court.

If an employee files his or her charge under the Equal Pay Act (wage discrimination based upon sex), the employee also does not need a Right to Sue from the EEOC.  In fact, the employee may file a lawsuit in Federal Court within two (2) years from the day he or she received the last discriminatory paycheck without filing first with the EEOC.

If you are an employer or an employee and are seeking information regarding the EEOC process, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.

Source: eeoc.gov