How do I file an employee discrimination claim?

Most Missouri employees will experience some kind of discrimination on the job. This discrimination may or may not affect their career path or their emotional health, but -- in certain instances -- it can negatively affect a career and the psychological well-being of an employee.

When the negative effects of employment discrimination are clear, it's time to empower the employee to take action to protect his or her civil rights under the law. This may involve filing an employment discrimination claim.

What's involved in making a discrimination complaint?

It won't be entirely clear or straightforward how to initiate your employment discrimination lawsuit. These issues can be complicated and involve a lot of different layers. They may also require different forms of proof to show that the ocurred -- like written documentation, emails, personal notes, eyewitness corroboration and other facts and evidence surrounding the case.

Before the employee can file the case, in most situations, he or she must notify the Equal Employment Opportunities Commission (EEOC). It's vital to file lawsuits with the EEOC within 180 of the employee's first discovery that discrimination has occurred. In some circumstances extending the deadline to 300 days may be possible.

You can file your claim by mail or in person. You'll need to provide basic information to the EEOC so it can investigate the matter. This information may include information about yourself and your employer, and dates and descriptions of the discrimination incident(s). The EEOC could get in touch with parties you name to get more information and documentation pertaining to the alleged discrimination, including the carrying out of interviews.

When do I actually file a lawsuit?

When the EEOC confirms that discrimination may have occurred, the EEOC will encourage you to attempt a voluntary mediation to reach a settlement. If the mediation does not bear fruit, you'll receive a "right to sue" letter from the EEOC, which authorizes you to move forward with your discrimination lawsuit. You'll have 90 days following receipt of the "right to sue" letter, within which time, you must file your lawsuit.

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