Employment law is complicated. Both state and federal agencies help protect the rights of workers in Las Vegas, Clark County, and elsewhere in Nevada. The Equal Employment Opportunity Commission (EEOC) is one of the most important federal agencies for employees. At Ace Law Group, we represent employees whose employer violated their rights.
You can rely on us for top-tier legal guidance and support in complex cases. Here, our Las Vegas employment law attorney explains the most important things that you need to know about the role of the EEOC in your case.
What is the Equal Employment Opportunity Commission (EEOC)?
The United States Equal Employment Opportunity Commission (EEOC) is a federal agency that has the primary responsibility for enforcing civil rights laws that protect job applicants and employees against discriminatory practices by employers. The EEOC has the authority to investigate discrimination complaints based on protected characteristics, such as race, color, national origin, religion, sex, age, and disability status.
Further, the EEOC addresses retaliation for reporting, participating in, and/or opposing a discriminatory practice. An employee or job applicant can file a charge if they believe they have been subject to discrimination or retaliation in the workplace.
Note: Title VII of the Civil Rights Act of 1964 is the primary federal law that is enforced by the EEOC. That law applies to all businesses and organizations with 15 or more employees.
Know the Role of the EEOC: The Four Key Responsibilities of the Federal Agency
As an employee who is considering bringing an employment law claim based on federal law, it is crucial to understand how the EEOC operates. Here are four key responsibilities of the agency:
- Enforcing Federal Anti-Discrimination Laws: The EEOC enforces several federal statutes designed to protect employees from discrimination. Most notably, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). The EEOC can take action to enforce these laws:
- Investigating Discrimination Complaints: If you believe that you were subject to discrimination at work, the EEOC is the (federal) agency to contact. The EEOC can investigate your complaint. Among other things, the EEOC may collect evidence, interview witnesses, and review relevant documents. In Nevada, employees can file a discrimination charge with the EEOC office located in Las Vegas. The investigation by the EEOC is focused on determining whether there is cause to believe discrimination has occurred.
- Providing Guidance and Education: The EEOC also offers resources and training to both employers and employees. The agency helps employers understand their responsibilities under anti-discrimination laws. Further, the agency provides employees in Nevada and other states with information about their rights under federal law.
- Litigating Discrimination Cases: When appropriate, the EEOC can file lawsuits against employers on behalf of discrimination victims. This duty of the EEOC is critical to help hold employers accountable and seek remedies for affected employees.
The EEOC’s Role in Employment Claims: Frequently Asked Questions (FAQs)
Do I Have to File an Employment Complaint With the EEOC Before Filing a Lawsuit?
Yes. Before you can file a federal employment discrimination lawsuit, you are generally required by law to file a complaint with the EEOC. The procedural requirement is known as “exhausting administrative remedies.” It is mandatory for discrimination claims under federal law.
The EEOC will investigate your claim. It may attempt to resolve the issue through mediation. Only after the EEOC issues a “Right to Sue” document can you proceed to file a lawsuit in federal court.
What is the Deadline for Bringing a Discrimination Charge to the EEOC?
The deadline to file a discrimination charge with the EEOC is generally 180 days from the date of the last alleged discriminatory act. However, this deadline extends to 300 days if a state or local agency enforces a law prohibiting the same type of discrimination. In Nevada, the extended 300-day filing period applies because the state has its agency that handles such claims.
Can I Have a Lawyer Represent Me Before the EEOC?
Yes. You can and should be represented by an experienced Las Vegas employment law attorney. Your lawyer will protect your rights and your interests. An attorney can assist you in drafting your complaint, gathering evidence, and communicating with EEOC officials.
Does Nevada Have its Own State-Level EEOC?
Yes, Nevada has a state agency that is similar to the EEOC. That agency is called the Nevada Equal Rights Commission (NERC). The NERC enforces state anti-discrimination laws that are similar to federal statutes. The agency works in partnership with the EEOC through a work-sharing agreement.
It allows workers to file a complaint with either NERC or the EEOC. Filing with one agency typically means your charge is dual-filed with the other. A lawyer can help you navigate the claims process through federal and state law.
Why Trust the Las Vegas Employment Lawyers at Ace Law Group
Navigating an employment law case can be complicated—particularly so if it is a federal matter that involves the EEOC. At Ace Law Group, we are a boutique law firm that puts employees first. Our history of verdicts and settlements demonstrates what we can do for clients in complex cases.
Along with other things, our Las Vegas employment lawyer is prepared to:
- Hear what you have to say and answer questions about your employment law claim;
- Investigate your case and gather/organize relevant evidence and information;
- Handle all paperwork and correspondence with the EEOC; and
- Take your claim as far as needed to help you get the best possible result.
Contact Our Las Vegas Employment Lawyer Today for Help With an EEOC Claim
At Ace Law Group, our Las Vegas employment attorney provides solutions-first guidance and support to employees. If you have any questions about an EEOC claim, we are here to help. Contact us right away for a strictly confidential, no-obligation initial consultation.
With an office in Las Vegas, we handle EEOC employment law matters throughout Clark County and Southern Nevada.