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Labor & Employment Issue? Start with the EEOC!

By Jonte Hunter

The EEOC stands for the “Equal Employment Opportunity Commission.” This agency investigates potential cases of employment discrimination and harassment—based on protected categories—and retaliation.

In Maryland, in addition to filing a charge with the EEOC, aggrieved individuals can cross-file their charges with Fair Employment Practices Agencies (“FEPAs”). In Maryland, these FEPAs include the Maryland Commission on Civil Rights (“MCCR”) and various county agencies, such as the Prince George’s County Office of Human Rights.

After the EEOC completes its investigation of the charge, if the EEOC cannot determine that there is reasonable cause to believe that discrimination or retaliation took place, the EEOC will issue a “Dismissal and Notice of Rights.” This notice advises the Charging Party that they have 90 days from receiving the notice to file a lawsuit based on the EEOC charge in court.

However, if the EEOC finds reasonable cause to believe discrimination occurred, the EEOC will issue a Letter of Determination to both parties, inviting them to seek to resolve the charge via conciliation. If conciliation is unsuccessful in resolving the charge, the EEOC can file a lawsuit on behalf of the Charging Party. Alternatively, if the EEOC decides not to file a lawsuit, the EEOC will send the Charging Party a Notice of Right to Sue, and the Charging Party will have 90 days to file a lawsuit.

For additional information regarding the EEOC, read our post “What is the EEOC, and Do I Need Labor & Employment Representation?

About The Author

Jonte Hunter

“Strive to make each new day better than the previous day.”

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