If your EEOC complaint was denied, you can appeal the EEOC’s decision. Appealing an EEOC decision can be overwhelming because it involves strict deadlines and requires detailed documentation.
Having a skilled employment lawyer on your side can ensure that you have the best chance to get a favorable outcome in your appeal. Understanding the EEOC decision process can help you navigate the appeal process and hopefully get the compensation you deserve.
What is the EEOC
The Equal Employment Opportunity Commission is a federal agency that is responsible for enforcing federal employment laws. The EEOC investigates workplace rights violations like discrimination based on race, color, religion, sex, pregnancy, childbirth, gender identity, sexual orientation, national origin, age, disability, or genetic information. If any of your federal workplace rights are violated, you should file a complaint with the EEOC to make sure your employer is held accountable.
Some states also have agencies that investigate state-specific employment laws. However all states are bound by federal employment law, and the EEOC can investigate complaints in every state.
The EEOC Decision Process
When the EEOC investigates a complaint there are several possible outcomes at the end of the investigation. You could receive:
- Dismissal and Notice of Rights: No Reasonable Cause
- Letter of Determination: Reasonable Cause, EEOC finds reasonable cause so they will issue a Letter of Determination. Invites both parties to resolve the charge through an informal process known as conciliation.
- Mediation and Settlement: voluntary resolution
- Right to Sue Notice: Request by Complainant. The complainant may request a Notice of Right to Sue before the EEOC completes its investigation. This allows them to proceed with filing a lawsuit in federal court. Generally, the EEOC must have had the charge for at least 180 days before issuing this notice.
Grounds for an Appeal
If your claim is dismissed due to mistakes like missed deadlines, improper dismissal of the claim, or mistakes in the claim paperwork you have grounds to appeal that dismissal. You can also appeal the decision if you have new evidence that proves your claim or if you can show that the EEOC didn’t look at some of your evidence.
You can also appeal the decision if you think that the EEOC just made the wrong decision because of factual errors or misinterpretation of the evidence you provided.
The Appeal Process
If you are going to appeal a dismissal by the EEOC you must file that appeal within 30 days of receiving the EEOC’s final decision. If you don’t meet the deadline, your appeal will be denied.
You will need to fill out EEOC Form 573, Notice of Appeal/Petition, to file your appeal. Gather all of your evidence, including any new evidence that you have, and all of your claim documents. You can submit the appeal online through the EEOC public portal or you can also mail or hand-deliver your appeal.
Importance of Legal Guidance
It’s strongly recommended that you work with an employment law attorney to help you navigate the appeals process. An employment lawyer can help you:
- Gather evidence and build your case
- Create a legal strategy tailored to your case
- Make sure you meet all deadlines and comply with all court rules
- Negotiate on your behalf
If you want to get legal advice about your specific circumstances, you can talk with an experienced attorney at no cost. Just fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
