If you have experienced discrimination at work, you may have a claim against your employer. While the specific steps you need to take depend on your individual circumstances, in many cases, seeking to hold your employer accountable will involve hiring a New York federal EEO lawyer to file a claim with the U.S. Equal Employment Opportunity Commission (an “EEO claim”).
When you have an EEO claim, there are both steps you need to take and mistakes you need to avoid. In this article, we’re covering what not to do when you need to file a complaint with the EEOC.
What Not To Do When You Have an EEO Claim Against Your Employer
Whether you work for the federal government or in the private sector, you will want to try to avoid the following mistakes to protect your legal rights if you have an EEO claim:
1. Do Not Let Your Employer Tell You What to Do (or Not Do)
If your employer has violated your legal rights, you should not let your employer tell you what to do (or what not to do). In this scenario, your employer most likely does not have your best interests in mind. If you don’t assert your legal rights effectively—or if you wait too long to take action—you could lose the opportunity to seek the damages and/or other remedies to which you are legally entitled.
2. Do Not Hesitate to Contact a Lawyer
With this in mind, if you think you may have grounds to file an EEO claim, you should not hesitate to contact a lawyer. You can—and should—schedule a free consultation promptly.
Your lawyer will advise you with your best interests in mind, and if you are running out of time to file an EEO claim, your lawyer can take appropriate legal action on your behalf before it’s too late. Your lawyer can also explain the EEO process in detail, and if you need to file a claim with a state or federal agency other than the U.S. Equal Employment Opportunity Commission (EEOC), your lawyer will be able to help with this as well.
3. Do Not Make Assumptions About Your Legal Rights or the EEO Process
When you are a victim of workplace discrimination, it is critical to make informed decisions. This means that you should not make any assumptions about your legal rights or the EEO process. Again, your lawyer can explain everything you need to know, and you can rely on your lawyer’s advice to make informed decisions about your next steps.
4. Do Not File a Complaint that Fails to State a Valid Claim
Even if you clearly have an EEO claim, it is up to you to assert your legal rights effectively. This means that you need to state a valid claim for discrimination under Title VII, the Equal Pay Act or one of the other laws falling under the EEOC’s enforcement jurisdiction. If you don’t assert your legal rights effectively, the EEOC won’t be able to help ensure that you receive a fair opportunity to seek accountability.
5. Do Not Overlook Grounds to Hold Your Employer Accountable
In this same vein, you should make sure that you do not overlook grounds to hold your employer accountable. Several laws protect employees’ rights at the state and federal levels. Whether you have grounds to file an EEO claim or you need to file your claim elsewhere, it will be important to ensure that you are pursuing (or at least considering) all viable claims under applicable law.
6. Do Not Make Accusations Against Your Employer on Social Media
Regardless of where you work, and regardless of what you have experienced, you should not make accusations against your employer on social media. For now, you should keep all of the details of your case between you and your lawyer. Your employer (or its defense lawyers) may be monitoring your social media accounts; and, if you post something that your employer can use against you, your employer (or its defense lawyers) will not hesitate to do so.
7. Do Not Misrepresent the Facts In Any Forum
As you move through the process of seeking accountability, you should not misrepresent the facts in any forum. If you are a victim of discrimination, you do not need to misrepresent the facts in order to seek justice. Instead, you should strictly stick to the facts, and you should rely on your lawyer to bring the facts to light on your behalf.
8. Do Not Overlook the Requirements for Submitting (and Proving) a Valid EEO Claim
If you have an EEO claim, you must meet strict technical and substantive requirements in order to assert your legal rights effectively. The details matter, and even seemingly minor mistakes can have serious consequences. Your lawyer can help here as well, and if you have an EEO claim, we strongly recommend that you rely on your lawyer to prepare and file it for you.
9. Do Not Ignore Any Suspicions You May Have About Retaliation
Unfortunately, if you have faced discrimination at work, facing retaliation is also a possibility. While retaliating against employees who assert their legal rights is strictly prohibited under state and federal law, retaliation is far more common than it should be. With this in mind, if you suspect that you may be a victim of retaliation, you should discuss this with your lawyer promptly as well.
10. Do Not Try to Handle Your Situation on Your Own
Finally, for all of the reasons discussed above, you should not try to handle your situation on your own. From determining where you need to file your claim to asserting your legal rights effectively, an experienced lawyer will be able to help you every step of the way. To help maximize your chances of holding your employer accountable, you should consult with an experienced EEO lawyer as soon as possible.
Schedule a Free Consultation with an Experienced New York Federal EEO Lawyer at Bell Law Group
If you have questions about filing an EEO claim against your employer, we encourage you to contact us promptly. To schedule a free consultation with an experienced New York federal EEO lawyer at Bell Law Group as soon as possible, call 516-280-3008 or tell us how we can reach you online now.
