Do Not Wait to Consult an Employment Attorney When You Suspect Workplace Discrimination, Harassment, or Retaliation
Understandably, many employees are afraid to report suspected unlawful behavior to employers' HR departments or to the EEOC for fear of retaliation. However, the law is clear that retaliation is prohibited against employees for opposing suspected unlawful behavior within the scope of Title VII and Chapter 21 of the Texas Labor Code. Moreover, there are deadlines by which aggrieved parties must comply in order to avoid dismissal of the Charge by the EEOC or Texas Workforce Commission and to have the opportunity to file a civil suit in court, if the need arises. Additionally, the Charge is intended to give fair notice to the employer of the employee's allegations and other claims that could reasonably arise out of the employee's EEOC Charge. But before you make an appointment (if you're lucky enough to get one scheduled within the statutory deadlines), you should know a few things.
1. The EEOC has a backlog of cases. Recently, the Dallas District Office's workload has been so overwhelming that cases are commonly transferred to other District Offices throughout the country.
2. Many employees report feeling that the EEOC did not take enough time to carefully draft the Charge. Commonly, the EEOC investigator will state that she believes no discrimination occurred but she will draft the Charge for the employee's review before filing it with the EEOC. Would you want someone who has not thoroughly investigated the facts or conducted any legal analysis (EEOC investigators and intake personnel are almost never lawyers) drafting your Charge? An attorney is better able to determine what facts would bolster your allegations to the EEOC investigator.
3. The EEOC will sometimes rush to issue the Notice of Right to Sue without informing the employee that mediation is a viable option to resolve any issues with the employer. Many employees see the speedy issuance of the Notice of Right to Sue as a good thing. But if the employee's allegations support a strong Title VII or Chapter 21 claim, mediation will likely result in a favorable outcome for the employee. A very small percentage of discrimination cases actually end up going to trial. And by a small margin, employers are generally more successful in court than employees. Mediation puts more control in the aggrieved party's hands to find a fair and dignified resolution.
4. Attorneys are able to e-file Charges of Discrimination. That means instead of waiting months for an appointment with the EEOC to file a Charge, you can meet with an attorney who could expedite the EEOC filing process. Many of my clients report amazement at how responsive the EEOC seems when communicating with me in comparison to when they were unrepresented.
5. Finally, a well-drafted Charge could very well initiate speedy settlement discussions with the employer. The use of boilerplate language in a Charge is not likely to persuade a responding employer to consider the allegations a serious legal risk for the employer. It signals to the employer that the employee is likely unrepresented due to either a lack of financial resources or firms having declined to represent the employee because of the weakness of the case.
Do not wait to consult an employment attorney when you suspect your employer is engaging in discriminatory, harassing, or retaliatory behavior. If you have any questions about filing an EEOC Charge of Discrimination, please schedule a consultation today. Consultations are completely confidential. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.