505 South Independence Boulevard, Suite 103, Virginia Beach, Virginia 23452

757-289-2499 757-289-2499

IMPORTANT EEOC ANNOUNCEMENT

IMPORTANT EEOC ANNOUNCEMENT

IMPORTANT EEOC ANNOUNCEMENT
 
     On August 3, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will begin issuing “charge closure documents.”  This action rescinds the EEOC’s prior decision to suspend issuing charge closure documents during the COVID-19 pandemic.
 
                                                                          BACKGROUND
Before a plaintiff can file a discrimination or retaliation lawsuit, he or she first must exhaust administrative remedies (i.e. allow the EEOC or similar agency to investigate) if the alleged discrimination or retaliation involves: 
          – race, national origin, religion, religious accommodation or sex under Title VII of the Civil Rights Act of 1964 (Title VII);
          – pregnancy, childbirth, or a medical condition related to pregnancy under the Pregnancy Discrimination Act;
– unequal pay due to gender under the Equal Pay Act of 1963 (EPA);
          – age under the Age Discrimination in Employment Act of 1967 (ADEA);
          – disability or request for accommodation under the Americans with Disabilities Act of 1990 (ADA); or
– use of genetic information in employment decisions under the Genetic Information Nondiscrimination Act of 2008 (GINA).
 
    In order to exhaust administrative remedies, one must file a charge with the EEOC, allow them to investigate, and then wait for the EEOC to make a decision and issue a right to sue notice.  On March 21, 2020, the EEOC temporarily suspended the issuance of right to sue notices, in part because many federal courts were closed on account of the pandemic.
                                                                      PRACTICAL IMPACT 
     If you filed a discrimination charge with the EEOC, or if you are an employer who received a discrimination charge, you can expect a right to sue notice in the mail in the coming weeks, assuming the EEOC has already completed its investigation.  Once an employee, former employee or job applicant receives a right to sue notice, a lawsuit must be filed within 90 days.
   This 90 day deadline is set by law and is strictly enforced.
If you have questions about the EEOC or about your rights or obligations in the workplace generally, attorney Tom Shumaker of the Ernest Law Group may be able to help.  Tom can be reached at 757 289-2499 or at [email protected].

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