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Filing a Discrimination Complaint with the EEOC

By Edited May 24, 2015 0 0

The Equal Employment Opportunity Commission (EEOC) is a federal agency that has the power to investigate all types of discrimination charges. Its main priority is to implement federal anti-discrimination laws, which include the following:

Age Discrimination in Employment Act (ADEA)

ADEA prohibits employers from discriminating against individuals who are 40-years-old and above. Under it, age discrimination is prohibited in all aspects of employment like hiring, termination, compensation, shift assignments, job assignments, salary raise, and promotion. Its rules apply to interstate agencies, the federal government, employers who have at least 20 workers, labor unions, and employment agencies.

Although this law provides protection to state employees, it prohibits them from directly filing a court case if they feel that they were subjected to discriminatory practices. They are only allowed to take legal action by filing charges with the EEOC.

Title VII of the Civil Rights Act of 1964

Title VII prohibits covered employers from discriminating against employees and applicants on the basis of their color, race, national origin, age, and religion.

Equal Pay Act (EPA)

Under EPA, employees who have the same work duties should be compensated equally. Employers are prohibited from using an employee's gender when deciding how much he or she will be entitled to receive.

Genetic Information Non-Discrimination Act (GINA) of 2008

Under GINA, employers cannot base employment decisions on an individual's genetic information. They are also prohibited from asking their employees to give it to them.

If they have acquired an employee's genetic information, they are required to keep it to themselves. They will be held liable if they disclosed such information to outside parties.

Aside from ADEA, Title VII, EPA, and GINA, other federal laws that also prohibit discrimination are Americans with Disability Act (ADA), Civil Rights Act of 1866, and Immigration Reform and Control Act (IRCA).

If you believe that your employer violated one of these laws, you are entitled to fight for your rights. A Los Angeles discrimination lawyer will help you file a complaint and gather evidence which can prove that you were discriminated in the workplace.

Your complaint should be filed within 180 days after the alleged violation happened. After you were discriminated, you should take legal action right away because you might lose your right to do it after this time limit has passed.

Your time limit may only be extended up to 300 days if the alleged violation is also covered by a state or local law. However, this exemption is not applicable on all age discrimination complaints.

After you have filed a complaint with EEOC, the agency will then conduct its own investigation, assess your claims or allegation, and release its findings.



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