The United States Supreme Court ruled that it was unlawful for a state to deny employment to someone solely on the basis of their race, gender, or national origin.
In this scenario, an individual may file a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination based on race. The EEOC will then investigate the allegations and determine whether sufficient evidence exists to support the claim.
If the EEOC finds that the employer has discriminated against the individual, they may be entitled to certain benefits or remedies, such as:
* Back pay: This refers to payment for lost wages earned during the period of discrimination.
* Front pay: This refers to payment for future losses that the employee will incur if the court does not award her a permanent injunction.
* Attorney's fees and costs: The EEOC may also order the employer to pay the employee's attorney's fees and costs associated with filing the complaint.
**Note:** The specific benefits or remedies available to the individual will depend on the circumstances of the case and the findings of the EEOC investigation.
The United States Supreme Court Ruling
The United States Supreme Court ruled that it was unlawful for a state to deny employment to someone solely on the basis of their race gender or national origin.
In this scenario an individual may file a complaint with the Equal Employment Opportunity Commission EEOC alleging discrimination based on race
Investigation by the Equal Employment Opportunity Commission
The EEOC will then investigate the allegations and determine whether sufficient evidence exists to support the claim
* The investigation will involve reviewing documents and conducting interviews with witnesses
* The EEOC may also conduct a physical inspection of the workplace or property where the alleged discrimination occurred
* The individual filing the complaint will be provided with regular updates on the progress of the investigation
Findings of the Equal Employment Opportunity Commission
If the EEOC finds that the employer has discriminated against the individual they may be entitled to certain benefits or remedies such as
* Back pay This refers to payment for lost wages earned during the period of discrimination
* Front pay This refers to payment for future losses that the employee will incur if the court does not award her a permanent injunction
* Attorney's fees and costs The EEOC may also order the employer to pay the employee's attorney's fees and costs associated with filing the complaint
The specific benefits or remedies available to the individual will depend on the circumstances of the case and the findings of the EEOC investigation
Q What is the Equal Employment Opportunity Commission EEOC
The EEOC is a federal agency that enforces laws against workplace discrimination based on race gender national origin disability age and other characteristics.
The EEOC receives over 30,000 complaints of workplace discrimination every year and investigates millions of dollars worth of damages for victims of discriminatory practices
Q How do I file an EEOC complaint
To file an EEOC complaint you must first review the EEOC guidelines to determine if your situation qualifies as a violation of federal law
If your case meets the criteria you can download and complete the appropriate form from the EEOC website or pick one up at a local office
You will also need to provide documentation such as pay stubs medical records and witness statements
Q What happens after I file an EEOC complaint
After you file your complaint with the EEOC the agency will assign a case number and contact you to gather more information about your situation
The EEOC investigator will review your documentation and interview witnesses to determine whether there is evidence of discrimination
If the EEOC finds that discrimination has occurred they may issue a right-to-sue letter which allows you to file a lawsuit against your employer in federal court
Q What are my options if the EEOC finds I am entitled to benefits
If the EEOC finds that you are entitled to benefits such as back pay front pay and attorney fees you will receive an award notice from the agency
You can then file a lawsuit against your employer in federal court to collect the awarded benefits
Alternatively you may choose to accept the offer of relief provided by the EEOC without filing a lawsuit
Q Can I sue my employer directly if I was discriminated against
Yes you can sue your employer directly for discrimination based on federal law regardless of whether you filed an EEOC complaint first or not
However if you did file a complaint with the EEOC and received a right-to-sue letter you may be required to give notice to your employer before filing a lawsuit
Q Do I have to pay attorney fees if I win a lawsuit
No you do not have to pay attorney fees unless the court finds that the other party acted in bad faith
If the court does find that the other party acted in bad faith it is possible that your employer will be required to pay some or all of your attorney fees and costs
However this can vary depending on the specific circumstances of your case