Filing a Complaint With the EEOC Before Suing an Employer

The Equal Employment Opportunity Commission (EEOC) is a federal agency created by the Civil Rights Act of 1964 to enforce federal workplace anti-discrimination laws. The EEOC is an independent agency; it is not part of the Department of Labor, Department of Justice, or another larger executive department. Most states also have a Fair Employment Practices Agency (FEPA) similar to the federal EEOC. These FEPAs enforce state-level workplace anti-discrimination laws. The FEPA in Illinois is the Illinois Department of Human Rights, and the FEPA in Indiana is the Indiana Civil Rights Commission.

Federal laws prohibiting workplace discrimination typically require you to first file a complaint with the federal EEOC or state-level FEPA before you file a lawsuit in court. This process is called exhausting administrative remedies. Essentially, you are asking an administrative agency instead of a court to look into your matter first. The EEOC or FEPA will conduct an investigation. Afterwards, it will issue a right-to-sue letter to you. You will then need to file a lawsuit in an appropriate federal district court (a trial court in the federal court system) within 90 days. You can also settle your case with your employer anytime along the way.

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if your employer fired you from your job in violation of anti-discrimination laws. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.