The Equal Opportunity Employment Commission (“EEOC”) circulated an announcement today informing that the Commission will commence issuing charge closure documents. On March 21, 2020, the EEOC suspended the issuance of charge closure documents unless a charging party requested them. On August 3, 2020, the EEOC commenced the issuance of these documents.
Briefly, Complainants (employees) must first file a complaint against their employer with the EEOC and/or the applicable state agency. This blog applies only to the procedure before the EEOC. Complainants (employees) must first exhaust their administrative remedies before filing a claim in federal court. In other words, in most cases employees cannot just sue their employer in federal court. They must first file a Complaint with the EEOC. A Complainant can request a Right to Sue Letter from the Commission that give the Complainant the green light to sue in federal court. Right to Sue Letters are issued a few ways:
After the Right to Sue Letter is issued, the Complainant (employee) has 90 days to file a cause of action in federal court.
The EEOC announced that it will, “begin issuing Notices of Right to Sue (Notices) bot for charges that were held in suspense, as well as for charge resolutions that occur on and after Monday, August 3, 2020. The Notices held in suspense will be issued over the course of the next six to eight weeks beginning with those that have been in suspense the longest.” True to government form, these notices will be sent out by mail.
As we all settle into the new normal of COVID, we are seeing that agencies are resuming their practices. If employers had pre-covid claims before the EEOC, they must be on the lookout for Right to Sue Letters coming from the EEOC. Employers should consult with counsel when faced with a Right to Sue Letter.
(NOTE: There are some exceptions to this requirement. Employees who are suing their employer for claims based on the Equal Pay Act and Age Discrimination in Employment Act do not need to wait the requisite 180 days as described above. Employers faced with EPA and ADEA claim should consult with counsel to confirm the correct procedure was followed.)
ABOUT SUSIE CIRILLI
Susie M. Cirilli is a Labor & Employment attorney that assists clients with issues involving the ADA, FMLA, and Title VII claims. Susie litigates on matters related to hostile work environment, discrimination based on sex, sexual orientation, pregnancy, race and disability. Susie has experience representing employers in fact-finding conferences and mediations before the PHRC and the EEOC. Susie’s practice also consists of counseling and advising clients on employment matters. She often advises employers on day to day employment matters and assists her clients on employee issues such as hiring and terminations, which includes drafting and negotiating separation agreements. Susie has experience drafting and revising employment agreements, employee handbooks, non-compete and non-solicitation agreements. Susie is admitted in the Middle District and Eastern District of Pennsylvania. She is also admitted in the Federal Court for the District of New Jersey.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.
Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.
Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC
Author: Susie Cirilli, Esq.
Articles have been Reprinted with permission from the charlotte observer and Mike Hunter.
* These articles and related content on this website are provided without warranty of any kind and in no way constitute or provide legal advice. You are advised to contact an attorney specializing in Association Management for legal advice related to your specific issue and community. Some articles are provided by thrid parties and online services. Display of these articles does in no way endorse the products or services of Community Association Management by the author(s).