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Common Mistakes that Leads to EEOC Dismissal of Discrimination Claim

By Edited Oct 3, 2016 0 0

The EEOC discrimination statistics show that there has been a little reduction in the number of discrimination complaints they received in 2009 compared to 2008.

Although there is some reduction, the 93,277 complaints received are still far higher than any other years before 2008.

This number could mean either of the two:

First, it could mean that the incidence of discrimination in the workplace is higher than ever before and more workers are becoming victims.

Or, it could mean, that there are more people who are aware of their rights in the workplace and more of them are willing to take action against their employers.

Most experts believe that it is the latter.

The nation and the whole world are entering the information age where everyone is connected.

The information you need is just at the tip of your fingers, or should I say just a keyword away from Google.

With information available and ready, people are better informed about their rights in the workplace.

One thing to note though about the EEOC discrimination statistics is that out of 93,277 complaints received, 52,363 were found to have no reasonable cause.

That is more than 50 percent of all the claims, dismissed by the EEOC outright.

Some of the common mistakes made by claimants that invalidate their claim includes:

  • Does not meet employee number requirement – For an employee to be covered by the law, the number of employees in the company he is affiliated to must meet the requirements. Here are the employee number requirements:

  1. Article VII of the Civil Rights Act – 15 or more employees

  2. Age Discrimination in Employment (ADEA) – 20 or more employees

  3. Americans with Disabilities Act (ADA) – 15 or more employees


  • Not based on a protected class – For a discrimination or harassment claim to be valid, you should have been discriminated based on your membership or association with a protected class such as:

  1. Age (40 years and older)

  2. Disability

  3. Sex/Gender

  4. Race/Color

  5. National origin

  6. Religion


  • Below 40 years old (for ADEA) – The law only covers discrimination acts against employees who are 40 years old and above. It does not cover discriminatory acts against younger employees. That is why, technically, replacing a younger employee with an older employee is not an act of discrimination.

  • Did not inform employers – You should exhaust all internal means to resolve the issue of discrimination with the employer and the company before filing discrimination claim. There may also be a clause in your employment contract that states that all employment disputes should be resolved through an alternative dispute resolution process like arbitration or mediation before you can pursue a lawsuit.

To avoid these mistakes, consult an employment law attorney before taking any legal actions.

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