The EEOC Administrative Process
The United States Equal Employment Opportunity Commission, more commonly known by its initials, EEOC, was created as part of the Civil Rights Act of 1964 to enforce Title VII. Today, the EEOC is also responsible for enforcing other anti-discrimination laws like the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA), though the latter provides an independent cause of action in Federal Court.
Before filing a Federal law suit for discrimination or harassment, one must first file a charge of discrimination with the EEOC or its Texas counterpart, the TWCCRD. The EEOC then investigates the charge by asking both the employee, known as the Complainant, and the employer being charged, known as the Respondent, for documents and information relevant to the charge.
At the end of its investigation, the EEOC may do one of three things: 1) Close its file without completing the investigation; 2) Conclude that it was unable to establish a violation of the law; or 3) Conclude that there is substantial evidence of a violation. This last is sometimes called a "Cause Determination".
If the EEOC closes its file without completing the investigation, or is unable to conclude that discrimination or sexual harassment took place, it will issue a Notice of Right to Sue. The Complainant then has 90 days to file her case in Federal Court. Once that 90 days has passed the employee loses her opportunity to file in Federal Court. This is a very dangerous deadline and must be watched carefully. If you have received a Right to Sue letter, you must seek immediate legal representation if you wish to pursue your rights in court.
Unfortunately, the reality is that the EEOC is overworked and underfunded and, therefore, does not often make Cause Determinations. Importantly, the agency's failure to do so has absolutely no bearing on the strength of an individual's case. Many such cases are still filed in court, and it is possible to win or settle such a case even though EEOC did not make a finding in your favor.
