Filing a Complaint
To begin pursuing compensation, a workplace discrimination victim must file a formal complaint with the EEOC, which is the federal organization that enforces anti-discrimination laws. The complaint must be properly filed within 300 days of a specific incident of discrimination or recognition of the discrimination (when there are multiple incidents). It must comply with EEOC guidelines and processes. Although you do not need an attorney to represent you, experienced counsel can help ensure you complete this process correctly and in a timely manner.
There are also state organizations that handle discrimination claims. They have strict time limits and filing requirements. In Michigan, the agency that investigates these claims is the Michigan Department of Civil Rights (MDCR). Employees have only 180 days to file a complaint with the MDCR, so it is important not to wait to act.
The EEOC and appropriate state organizations will investigate if a claimant’s case is actionable or if there might be a solution at the employer level. Sometimes the EEOC will file a civil lawsuit on behalf of the claimant; other times, it will issue a right-to-sue letter, permitting them to pursue a lawsuit on their own.
Settlement for Permanente advice nurses over unpaid “off-the-clock” work
We Represent Both Employees and Employers, a Testament to Our Skills
Sommers Schwartz’s employment lawyers routinely represent employees in claims of unlawful discrimination and retaliation. We also routinely counsel employers on discipline and termination decisions and represent them in court and administrative proceedings (before the Equal Employment Opportunity Commission and other state and federal agencies).
We understand the intricacies of employment law and discrimination cases from both sides of the aisle. We regularly represent both employees and employers, a testament to our broad base of knowledge and ability.