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Tips for Young Lawyers

EEOC Procedure – Ten Minute Mentor Summary
By:  Malerie T. Anderson

Navigating the initial process of filing a charge with the EEOC and complying with procedures and prerequisites directly impact the lawsuit based on a claimant’s alleged discrimination claims.  In order to sufficiently represent your client, either on the defense side representing an employer or as an attorney representing a claimant, it is important to keep the following points in mind.

The first key piece of information in filing an EEOC claim is the date the alleged discrimination occurred.  Under state law, a claimant is given a shorter period of time in which an EEOC charge may be filed.  Federal law allows a claimant to file a charge on or before the 300th day after the discrimination occurred, while the Texas Commission on Human Rights Act allows for only 180 days from the alleged act of discrimination.  If a claimant fails to timely file a notice of discrimination charge with a federal or state agency, the claimant waives his or her right to file a lawsuit based on the alleged acts of discrimination.

After reviewing a claimant’s alleged act of discrimination, it is important to determine whether there is a specific act (i.e., termination from employment related to claimant’s race or sex) or if there were continuous acts that occurred over an extended period of time.  In the former, the date of the discrimination is the date on which the clock starts for the deadline to file an EEOC charge.  In a case involving continuous acts of discrimination, for example sexual harassment or a hostile work environment claim that occurred over a two-year period, the claimant may use the most recent act of discrimination to begin counting for compliance with the deadlines, then refer to the previous acts in the charge and eventual lawsuit.

The EEOC charge filed by a claimant must contain the specific information necessary to put the EEOC and employer on notice of the alleged discrimination that occurred.  The charge should include a factual statement of events and all alleged violations that the claimant intends to pursue in the lawsuit.  In addition to providing notice, the charge provides an opportunity for the employer to respond to the claimant’s allegations and attempt to resolve the issues that may exist.  After the charge is filed, the EEOC initiates an investigation into the matter.  

In completing the EEOC paperwork, a claimant must assert all claims of discrimination by correctly designating the boxes on the form to indicate all forms of discrimination (i.e., race, sex, etc.) and provide the basis for the alleged discrimination within the factual statement.  For example, a former employee may have experienced retaliation from his or her employer.  In such a case, it is necessary to designate the alleged discrimination as well as the claim for retaliation in completing the EEOC forms.  However, a claimant that has not left his or her employer at the time the EEOC charge is filed may not have suffered any retaliatory act.  If retaliation occurs at a later date, then the employee may assert a retaliation claim in the lawsuit. 

After filing an EEOC charge, the issue then becomes when the claimant will be able to file a lawsuit based on his or her claims of discrimination.  For claims asserted under Title VII, a claimant needs a right-to-sue letter before pursuing litigation.  The claimant must wait 90 days to file suit from the date the right-to-sue letter is issued.  Claims brought under the ADEA have a waiting period of only 60 days from the date the charge of discrimination is filed and do not require a right-to-sue notice prior to filing suit. Like the ADEA, claims brought under the Texas Commission on Human Rights Act do not require a right-to-sue notice but have a waiting period of 180 days before filing suit. 

The timely filing of an EEOC charge will impact the strength of any alleged discrimination claims brought by an employee and the defensibility of such claims for the employer.  To effectively represent a claimant or employer, an attorney should carefully prepare or review the EEOC charge and ensure or evaluate compliance with EEOC procedures. 

Malerie T. Anderson is an associate with Sprouse Shrader Smith, PLLC in Amarillo, Texas.  Her practice focuses primarily on civil and commercial litigation in a broad range of areas including civil rights and governmental entity defense.