Do you need an attorney for job discrimination or will the EEOC do the work for you? Find out why you should talk to a lawyer first, and when you can skip the EEOC altogether.

In this blog post, I will discuss the differences between the EEOC process and what an attorney for job discrimination can do for you. I will explain when and how you can opt out of the EEOC administrative process, and why you may want to go to a lawyer first.

Most Job Discrimination Claims Must Go To EEOC First

If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit. In most cases, you will have to file an administrative complaint with the EEOC, and go through the informal settlement process before having the matter heard by an administrative law judge. The EEOC investigators may say there is no need to talk to an attorney for job discrimination before starting this process. But that could cause you to miss out on some important options for your employment discrimination or harassment claims.

Why Talk To An Attorney for Job Discrimination First

You don’t need to hire a lawyer before filing an EEOC complaint. But you may want to at least have a consultation. Depending on where you live and what happened at work you may be entitled to more than the EEOC will give you if you go it alone. An attorney for job discrimination may well advise you to go through the EEOC process. But by talking to a lawyer ahead of time, you can get guidance on what to report, and how to word it in a way that will make your complaint stronger.

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC. In those cases, you and your employment discrimination attorney can discuss whether to file in the state system, the federal system, or both, to make the most of your circumstances.

When You Can Go Straight to Court

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

But even in Equal Pay cases, you may still want to go through the EEOC. If what happened to you qualifies as gender discrimination under Title VII, as well as the Equal Pay Act, there may be remedies that will become available only after completing the EEOC’s process. Deciding whether to involve the EEOC will depend on your circumstances and what you hope to accomplish by filing your complaint.

When You Can Opt Out of EEOC Involvement

Just because your case starts with an EEOC complaint doesn’t mean it has to end there. You have the option to quit the administrative process and file your own private lawsuit if:

• The agency has not responded with a decision after 180 days and no appeal has been filed
• The agency issued a decision and no appeal has been filed (you must file your lawsuit within 90 days of the decision)
• The EEOC does not respond to your appeal with a decision within 180 days,
• You disagree with the EEOC’s decision on your appeal (you must file your lawsuit within 90 days of the decision)

The EEOC may also opt not to pursue your complaint and issue a “Notice of Right to Sue.” If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within the legal time limits.

EEOC vs. Hiring a Lawyer in Federal Court

In some cases, informal settlement and formal administrative processes fail to reach a satisfactory resolution. It is then up to the EEOC to decide whether it will file a lawsuit on your behalf in federal court. However, it is also up to you whether you accept the agency’s offer of representation. You may instead choose to hire a lawyer to work for you privately. Doing so gives you more control over your case, and any possible settlements. Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all.

It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC. Whether your goal is to resolve the case quietly, make the most of your EEOC complaint, or head directly to federal court, the employment discrimination attorneys at Eisenberg & Baum, LLP, can help you develop a strategy to meet your needs. Don’t wait until the EEOC turns you down to talk to a lawyer. Contact Eisenberg & Baum, LLP, today for a free consultation.