What does law say about discrimination?
The Equal Employment Opportunity Commission (EEOC) governs workplace discrimination on a federal level and The Civil Rights Commission handles cases here in Indiana. These type of laws apply to employers who have at least 15 employees, but there are exceptions when certain types of discrimination are involved. Age becomes a factor once an employer has at least 20 employees while citizenship status is a factor for those who have only four employees. Equal pay for men and women has no minimum employee number.
How much time do I have to file a claim?
Not long. If you believe you were discriminated against, you have 180 days (approximately six months) from the date of the incident to file a claim with the EEOC. Give us a call before you file so we can walk through that step with you.
Once the claim is filed, you will be asked to partake in a mediation program as will your employer. Your employer will also have an opportunity to write a statement that will be given to the investigator along with your claim. When the investigation is done, the EEOC will determine if you truly have a discrimination case or not.
If they don't believe discrimination occurred, you'll receive a "Notice of Right to Sue" which allows us to take the case to court. If the EEOC believes that discrimination did occur, then we'll take the next steps in reaching a voluntary settlement. Usually, companies are willing to settle as litigation of these matters can be bad for their reputation. Should they decide not to settle, we'll take the case to court.