For current and former employees, seeking accountability for workplace discrimination or harassment often involves filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEO complaint process is well-documented, and there are clear steps current and former employees can take to assert their legal rights. With that said, seeking accountability through the EEO complaint process presents several challenges, and, as a result, hiring an experienced New York federal EEO lawyer is a key first step for those considering legal action.
Once you hire an experienced New York federal EEO lawyer to represent you, your lawyer will be able to walk you through everything you need to know in order to make informed decisions about your next steps. This includes walking you through the potential outcomes of your EEO complaint should you decide to come forward.
5 Potential Outcomes of a Federal EEO Complaint
While you will need to consult with a lawyer to receive advice based on your individual circumstances, broadly speaking, the potential outcomes of a federal EEO complaint are as follows:
1. Issuance of a Dismissal and Notice of Rights
One possible outcome is that the EEOC will issue a Dismissal and Notice of Rights. The EEOC issues a Dismissal and Notice of Rights when it is “unable to conclude that there is reasonable cause to believe that discrimination occurred.”
However, the issuance of a Dismissal and Notice of Rights is not the end of your case. If the EEOC decides not to take further action in response to your complaint, you still have the ability to pursue your complaint in federal court. Whether the EEOC lacked access to key evidence or the EEOC reached a misguided conclusion, there are various reasons why it may make sense to continue pursuing your case in this scenario.
2. Settlement Through the Conciliation Process
If the EEOC finds evidence to support your allegations of discrimination or harassment, it will issue a Letter of Determination and invite you and your employer (or former employer) to participate in the “conciliation” process. This essentially involves resolving your case through settlement—either informally or through mediation.
If your case proceeds to the conciliation process, it will be up to you to decide when (and if) to accept a settlement. You are not required to settle, and if a fair offer isn’t on the table, you can—and should—continue fighting to hold your employer (or former employer) fully accountable.
3. The EEOC Files a Lawsuit in Federal Court
As the EEOC explains, “[w]hen conciliation does not succeed in resolving the charge, the EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court.” If the EEOC decides to file a lawsuit, it will seek to hold your employer accountable based on its findings during the investigative process. As an employee (or former employee), you can—and generally should—play an active role in this process, and an experienced New York federal EEO lawyer will be able to communicate effectively with the EEOC’s lawyers on your behalf.
4. Issuance of a Notice of Right to Sue
If the EEOC decides not to file a lawsuit on your behalf, it will issue a Notice of Right to Sue. This notice informs you of your right to sue your employer (or former employer) directly. If the EEOC issues a Notice of Right to Sue, you will have 90 days to decide whether you want to take formal legal action.
Here too, your lawyer can help you make informed decisions—and, if you decide to file a lawsuit, your lawyer will take all necessary and appropriate legal action on your behalf. Filing an employment discrimination complaint in federal court is complex, so it is critical to have experienced legal representation.
5. Settlement During Litigation
While it is possible to settle during the conciliation process, the conciliation process is not your only opportunity for resolving your case via settlement. EEOC complaints can also lead to negotiated settlements at any time after the conciliation process.
When you hire an experienced New York federal EEO lawyer to represent you, your lawyer will continue to evaluate potential settlement opportunities throughout the litigation process. If your employer (or former employer) makes an offer to settle your case in order to avoid going to trial, your lawyer will be able to help you decide whether to accept the offer or keep fighting for more.
What if You Are Dissatisfied with the Outcome of Your EEO Complaint?
Let’s say you go through the EEOC complaint process and you don’t receive a satisfactory resolution. What are your options in this scenario?
If you are not able to secure a favorable resolution through the EEOC or at the district court level, you may have various grounds to file an appeal. Here too, it will be important to work closely with an experienced lawyer who can help you make informed decisions.
To be clear, these are the potential outcomes of a federal EEO complaint in a private-sector employment dispute. There are different procedures for pursuing equal employment opportunity (EEO) complaints at the state and local levels, and federal employees’ complaints are subject to different procedures as well. If you need to know more about filing an EEO complaint as a federal employee, you can read: Filing an EEO Complaint: What Federal Employees Need to Know.
Discuss Your Case with a New York Federal EEO Lawyer at Bell Law Group in Confidence
At Bell Law Group, we represent public and private-sector employees across New York in all EEO-related matters. If you need more information about filing a federal EEO complaint as a current or former employee, we invite you to get in touch. To speak with an experienced New York federal EEO lawyer at our firm about your legal rights in confidence, give us a call at 516-280-3008 or request a free initial consultation online today.
