Employment Claims Process
Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission (EEOC) was established under Title VII to enforce federal laws covering job discrimination and workplace harassment. Any claims of discrimination or harassment in the workplace must be filed first with the EEOC. The EEOC will then conduct their own investigation and either issue a “Dismissal and Notice of Rights,” a “Letter of Determination,” or a “Notice of Right to Sue.” The next steps in the process are based on the letter which you are issued. Both the “Dismissal and Notice of Rights” or “Notice of Right to Sue” letters provide the charging party with the ability to file a lawsuit in federal court. Once the letter is received, the charging party has 90 days in which to file a lawsuit in federal court. Failure to file a lawsuit on or before that deadline means that the charging party may lose their ability to move forward with their claim. On the other hand, a Letter of Determination requires an informal process, termed Conciliation, through the EEOC itself.
Federal Courts. After you have gone through the EEOC, your next option is to bring the case to the federal court system. This allows you another opportunity to litigate you claims under the federal laws noted above.
State Courts. Employment law claims that arise under North Carolina laws are not required to go through the EEOC process. The EEOC only governs federal employment laws. Therefore, any state law claims you have may be brought directly through your local state court. The statute of limitations on bringing your employment law claim will depend on the corresponding state law under which your claim arises.
Bringing a claim against an employer can be intimidating and confusing for most people. It may be in your best interest to consult an attorney to help level the playing field. Here at McLawhorn & Russell, we can help to bring you some resolution to your employment law matter.