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Understanding the Process in EEOC Claims and Hearings

By Edited Oct 13, 2016 0 0

Have you experienced being discriminated against in the workplace because of your gender, age, race, skin color, religion, and national origin? If so, you may file a claim with the Equal Employment Opportunity Commission (EEOC). While submitting a formal complaint, you should take note of some things such as:

  • That you should provide your name, address, telephone number, and information about your employer.

  • Your complaint should include sufficient and necessary information about your situation. The more information, the better.

  • Include the names and addresses of your witnesses.

  • Make sure you provide a concise description of specific instances where discrimination occurred.

Once you have considered all these things, you may start to write your discrimination claim against your employer. The EEOC provides claim forms online so you can just fill them out more conveniently. Getting through the process of EEOC claims and hearings may be a little difficult, considering the number of stages you need to accomplish. If you want to be familiar with the process of EEOC claims and hearings, refer to the following terms:

  • Hearing request – The EEOC has a specific hearing request form that you should fill out and submit to them if you want to take the employment dispute before an administrative judge.

  • EEOC prehearing process – Upon receipt of your hearing request, the EEOC will send a letter to your employer regarding your complaint and ask for a response. If no response has been made by your employer within 15 days, you may request for a default judgment against him.

  • Discovery stage – This is when evidence is gathered that will be used in the hearing.

  • Stipulations – These are information that you and your employer have verified to be factual. Most administrative judges like dispute cases with many stipulations because it would be easier for them to make a resolution.

  • Settlement discussion – Before going to court, both parties may settle the dispute in an informal manner. This method can either be through arbitration or mediation.

  • Scheduling order – The administrative judge will send hearing schedules to both parties.

  • EEOC hearing.

If you have made all efforts to resolve the case but your employer still refuses to admit his fault, an EEOC hearing will definitely help. Once all your accusations have been proven, your employer would have no choice but to pay for your lost wages and other damages caused by his discriminatory actions.



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