It can take 10 months or longer to hear back from the Equal Opportunity Employment Commission after a discrimination claim is filed. This is around how long it takes for the EEOC to investigate a claim on average, which will allow them to determine whether your employer is in violation of federal anti-discrimination and retaliation laws.
The EEOC is a federal agency that serves as a neutral third party between employers and employees when there is a dispute involving workplace discrimination. Employees can file a complaint with the EEOC if they are subjected to discrimination based on a protected characteristic. Possible charges against an employer include:
- Pregnancy discrimination
- Racial discrimination
- Sex and gender discrimination
- Discrimination based on religious beliefs
Our attorneys are here to help if you have questions about your rights and legal options. If you have questions about the legal process after a claim is filed with the EEOC, don’t hesitate to contact our law firm.
How Long Do I have to Wait for a Response from the EEOC?
The truth is, it can take 10 months or longer for the EEOC to get back to you after you file a discrimination complaint against your employer. Much of the time is spent on the investigation process, which includes:
- Conducting an interview with you
- Providing notice to your employer of the complaint and interviewing them
- Offering mediation as an option
- If you decline mediation or your case is not eligible for mediation, someone from the agency will be assigned to gather information and verify the charges against your employer
It’s quite common for the EEOC to take over a year before they reach a determination of “cause” or “no cause” on a workplace discrimination complaint.
Why is it Taking So Long to Hear back from the EEOC?
There is no simple answer to this question, but you probably have some familiarity with government agencies at the local and state level. Things generally are not accomplished in a quick and efficient manner by these organizations, and unfortunately, the federal government is no different.
To be fair, we have to recognize that the EEOC is dealing with thousands of complaints at any given time. Most of these cases require a thorough investigation, and there are only so many agents who are available to handle the claims process. As part of their investigation, the agent may take the following steps:
- Ask for and review a statement from the employer in order to get their side of the story
- Send the employer a Request for Information (RFI) to ask for a copy of company polices, personnel files, and other documents that are relevant to your case.
- In place of the RFI, the agent may schedule an on-site visit to the company, where they can obtain the information in person. This is preferably to an RFI, since it can shorten the amount of time to conclude an EEOC investigation.
- Arrange for interviews with witnesses. For employees in management positions, a representative of the organization can be present during the interview. However, an EEOC investigator is allowed to speak with non-management workers without permission from the employer or in the presence of a company representative.
How Do I Speed up the Process?
At this point, we completely understand if you are looking for ways to speed up the process for a determination by the EEOC. It’s agonizing to wait month after month for an answer from the agency that’s supposed to protect you in the event you are subjected to unlawful treatment by your employer.
One thing you can do – if you have not done so already – is to hire an employment rights lawyer that’s experienced in discrimination and retaliation cases. A lawyer can help you file a claim with all the necessary information and prevent mistakes that can cause unexpected delays. A lawyer can also check on the status of your claim and provide requested information to the agency as fast as possible.
In the event you choose mediation as a way to resolve your complaint, a lawyer can protect your interests and help you obtain the best possible results. They can also file a lawsuit if you are unable to settle the dispute with your employer and represent you in a court hearing, if necessary.
Should I Hire a New Attorney if It is Taking too Long to Hear Back from the EEOC?
Hiring a new lawyer may be necessary if many months have passed and there is no progress on your claim. It’s quite possible that your lawyer is overwhelmed with other claims, or they lack the experience to handle the complexities that are involved in your case. These problems are especially frustrating when your lawyer doesn’t communicate with you in a timely manner or makes you feel that you are not a priority to them.
We want you to make an informed decision when it comes to hiring a new lawyer or staying with your current law firm. That’s why we are ready to provide you with a free second opinion consultation. All you have to do is contact us and schedule a time to speak with a California employment attorney.
Can I Refile my Claim with the Equal Employment Opportunity Commission?
Yes, you refile a discrimination complaint with the EEOC or amend an existing claim with the agency. If you need to add new information, like newly uncovered evidence, amending your claim is probably he better course of action. You can do this by filing a Motion to Amend Complaint.
You also have the option of appealing the agency’s decision. An appeal must be filed within 30 days of the EEOC’s final action, which you can do online or through the mail. Even if your appeal is denied, there are further legal actions you can take, including filling a case with federal courts.
Our Law Firm is Here for You
Here at California Labor Law Employment Attorneys Group, someone is always available to take your call, so please reach out to us if you are a victim of discrimination, harassment, and retaliation in the workplace.
Along with a free initial consultation or second opinion, we offer a Zero Fee Guarantee. You pay $0 if you choose to hire us, and we agree to represent you on contingency. That means we don’t make a cent unless you receive compensation from an employment discrimination claim.
Our employment lawyers look forward to fighting for you and holding your employer accountable. Please reach out to us at your earliest opportunity.
