Читать книгу Employment Law Update - Jonathan Ingber - Страница 28

Once the EEOC receives a charge, the EEOC will first offer mediation to the parties. If either party declines mediation, the investigation proceeds. The EEOC generally asks the employer or former employer to submit a position statement that outlines the business's response to the charge. If the EEOC then determines that further investigation is warranted, it may interview witnesses, request documents, and submit questions to the business. When the evaluation of the charge or the investigation is complete, one of the following several outcomes will ensue:

1 The EEOC issues a Dismissal and Notice of Rights that memorializes its finding that there is no reasonable cause to believe a violation has occurred. The Notice of Rights permits the recipient to file suit in federal court within 90 days from receipt of the letter, if the recipient elects to do so. In any such suit, the EEOC's investigative findings can be requested by the company and the employee, former employee, or applicant.

2 The EEOC finds reasonable cause to believe a violation has taken place, in which case the EEOC will issue a Letter of Determination and attempt conciliation. If conciliation fails, thena the EEOC may elect to litigate on behalf of the employee, former employee, or applicant. This result is relatively infrequent, as the EEOC has limited resources. The EEOC is more likely to litigate cases in which a number of employees, former employees, or applicants are making the charge, or when the employee, former employee or applicant has filed a charge that is a high enforcement priority within the EEOC.b the EEOC issues a Notice of Right to Sue that enables the recipient to file suit in federal court within 90 days of receipt of the letter. Once the recipient files suit, the EEOC will typically dismiss the original charge filed with the EEOC.

3 If the EEOC investigates for more than 180 days and has not yet issued a Dismissal or Letter of Determination, then the employee, former employee, or applicant can request a Notice of Right to Sue, which enables the recipient to file suit in federal court within 90 days of the letter's receipt.

These referenced 90-day periods are strictly enforced — meaning all involved parties know the timetable for subsequent developments once the EEOC issues its decision.