Pursuing a claim through the Equal Employment Opportunity Commission
("EEOC") begins with the logical requirement of having the complainant
actually file the charge in a given case. This charge can filed in person,
by phone, or by mail at a local EEOC office, or by calling a toll-free
national line if there is no local EEOC office. The charge, if it pertains
to a claim based on Title VII of the Civil Rights Act, The Americans with
Disabilities Act ("ADA"), or the Age Discrimination in Employment Act
("ADEA"), must be filed within 180 days of the offense that has given rise
to the complainant's charge ("Filing a Claim").
After the claim is filed, the EEOC will investigate and evaluate the
degree to which the claim does or does not seem justified. If the claim
seems reasonable and is allowed to continue with the EEOC's support than a
variety of options are possible. One possibility is that the claim itself
may never proceed to trial, but would instead end up in some form of
Alternative Dispute Resolution ("ADR"), such as mediation. In this case,
the EEOC requires that both parties agree to a mediation proceeding, in
which a qualified third-party would sit-in to hear the claim in question
and decide on a reasonable settlement for the parties. Mediation is often
advantageous, because it avoids long legal battles and related expensive
legal fees. Businesses often like mediation as well, because the payout of
a settlement in mediation does not actually qualify as an admission of
guilt in relation to any laws and the amount of the settlement is not a
If ADR is not pursued and the EEOC does handle the claim, then the
matter would not typically be handled in local courts. I suppose it is
possible that some states' Superior Court might be able to hear such
claims, if there are local and state laws regarding Employment
Discrimination that are applicable. In such cases, it mi
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