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EEOC complaint

Everything you should know about winning an EEOC complaint

A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. It requests EEOC to take remedial action. The laws enforced by EEOC, except for the Equal Pay Act, require you to file a charge before you can file a lawsuit for unlawful discrimination. Below are some tips on how to win an EEOC complaint.

  1. Hire a qualified lawyer

EEOC complaints do not have to result in lawsuits. Although this can usually happen, you may be able to resolve the case sooner through negotiations directly between your attorney and your employer’s attorney or through mediation. The EEOC offers mediation services. Private mediators can also be used. This process involves discussing the complaint with a third-party mediator who listens to your side of the story and that of your employer. Employers are sometimes willing to compromise to avoid endless lawsuits.

Even if your case does not go to court, it is likely that the employer you have complained about will be represented by a lawyer during the mediation. Therefore, you should hire an employment lawyer to maximize your chances of getting an ideal result. You need someone by your side who understands employment law, who has the same expertise as the employer’s attorney, and who can take steps to move your case forward that you wouldn’t. Accessible simply because the EEOC conducted its investigation. Whether you resolve your case through mediation or take it to court, it simply won’t be a fair fight if the employer has the assistance of a lawyer and you don’t.

  1. Keep your cool

Mediators deal with sensitive issues. Often all parties involved can feel strong emotions about the situation and how it is being handled, which is understandable.

If you feel like you’ve been discriminated against, you want to make sure your claim is answered fairly. However, don’t make the mistake of letting your emotions influence your behavior during mediation. You can contact the mediators before the mediation to ask them how you should prepare, but if you do, keep calm and be respectful. It is important to make the right impression.

  1. Prepare relevant documentation

Ideally, your employer will be sincere during the mediation. That said, don’t make the mistake of assuming he will tell the truth at all times. He may omit facts, exaggerate or simply lie. You need to be prepared to catch them in the act of dishonesty when this happens.

This is one of the main reasons why it is essential to prepare all the relevant documentation before the start of your mediation. For example, maybe the employer is making a claim that you could refute with emails. You want them to be immediately available to you during the mediation to ensure a fair process. An employee rights lawyer can help you with these tasks. It will help you identify the types of documents that would be relevant to your complaint, ensuring that you don’t overlook anything.

  1. Consider reaching out to colleagues

Reaching out to co-workers can be a tricky subject. Speak to your lawyer before taking any action on your own in this regard.

That said, there are many potential instances where colleagues may be able to support your claims. If your complaint relates to disparate treatment, meaning you were treated differently from other employees for the same behavior (due to race, gender, age, etc.), you may also be in able to identify examples of other employees who were not treated like you. Work colleagues may also be able to confirm this.

  1. be as professional as possible

You will make a good impression if you show up for mediation on time, dressed as if it were a court proceeding, and demonstrate a professional and respectful demeanor to all parties involved. Although this may seem obvious to some, it is not always the case and it is worth pointing out. The impression you give can influence the outcome of the mediation. In addition, it is good to rest well before the start of the mediation. The process can be a bit long, and you don’t want fatigue to set in.

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