Is a Lawyer Necessary When Filing a Discrimination Lawsuit?

Photo of author

( — May 19, 2022) — For race, gender, handicap, or another protected attribute, you must first file a complaint with the Equal Employment Opportunity Commission or perhaps an equivalent state agency before you may file a discrimination lawsuit against your employer. We’ll talk about how the Commission complaint process works and when it’s advisable to hire a discrimination attorney in New Jersey so you know what to expect.

The Department of Labour, a federal organization, investigates complaints of employment discrimination. Each state’s capital and other key cities often house its offices.

Should We Contact The Eeoc With Our Grievance?

A good place to start is with the Equal Employment Opportunity Commission (EEOC). The EEOC can help you find out whether your employer has made any attempts to discriminate against you based on any of the aforementioned factors.

A formal complaint to the Employment Opportunity Commission  (EEOC) must be filed within 180 days after the date of the discriminatory event. In certain states, you have a time restriction of 300 days. Get in touch with your state’s EEOC office to find out about deadlines.

Before contacting the EEOC, be aware that your claim will be forwarded to our employer. The Equality and Human Rights Commission prohibits employers from retaliating against a worker who files a complaint (EEOC).

What Is The Purpose Of The EEOC, And What Do They Do?

The Employment Opportunity Commission investigates allegations made by employees against their employers. All parties involved in this policy do not get any financial remuneration. When employees submit complaints to the EEOC, the agency simply looks into the details to see whether the claims are true.

To File A Complaint Of Discrimination, What Is The Proper Procedure?

The Equal Employment Opportunity Commission (EEOC) accepts free complaints of discrimination. You may contact the EEOC and request a meeting with someone who can assist you in creating your formal complaint of discrimination. It is possible to get in touch with the Fair Work Commission by telephone or letter.

We’ve Received Eeoc Complaints: Do We Need A Lawyer?

The stakes are low at this level since the EEOC can’t penalize employers and employees can’t get compensation. Even if the EEOC rules, workers may still initiate a lawsuit against their employers regardless of what the EEOC decides.

Most people who wish to submit a formal complaint to the Opportunity Commission don’t need a lawyer to do so (EEOC). There should be no difficulty completing the process, even for employees with no legal knowledge. However, there are a few instances in which the counsel of an attorney is beneficial.

An attorney is often a smart choice if an employee is certain they will file a case against their employer. The sooner an attorney gets involved in a matter, the better, as opposed to waiting until the lawsuit is in full swing. With extra time on their hands, lawyers may learn about a matter and try to resolve it amicably instead of going to court.

Employees may wish to consider hiring a lawyer if they are involved in a mediation or conciliation. An attorney will be able to explain any settlement offers to you in great detail, and he or she will also be able to advise you on the best way to proceed.

Final thoughts

It is up to each employee to decide whether or not to retain legal counsel as a result of the inquiry conducted by the EEOC. Many employees choose to seek the advice of a lawyer when dealing with more serious or complex issues.