EEOC Conciliation, Right to Sue Letters and Your Right to an Attorney
Scenario 1: You have suffered an adverse action at work because of your race, sex, religion, age, national origin or disability. Maybe you were fired or passed over for promotion. Maybe you were demoted or unfairly disciplined. You filed a charge with the Equal Employment Opportunity Commission and they have scheduled a “Conciliation.” Do you have a right to a lawyer? Do you need a lawyer? The answer is “Yes.”
Scenario 2: You are a victim of sexual harassment in the workplace or a hostile environment. You filed a charge with the EEOC. Conciliation in your EEOC discrimination charge failed and the EEOC issued you a right to sue with a “cause finding” meaning that the EEOC believes there is evidence that your employer or former employer violated your rights. Or, the EEOC actually intends to litigate or file suit on your behalf against your employer or former employer. Do you have a right to a lawyer? Do you need a lawyer? The answer, again, is “Yes.”
If you are in one of these situations you are ahead of the game. You have done your research and have protected your rights by filing a claim with the EEOC. But to maximize your recovery, you need a lawyer familiar with litigating discrimination cases. The primary goal of the EEOC is to cure discriminatory practices in the workplace. It’s goal is not to get you money for lost wages or pain and suffering which may result from discriminatory acts. In fact, at the conciliation phase, EEOC attorneys are prohibited from “unduly influencing” the process. When the EEOC files suit on your behalf, they are interested primarily in curing the practices that lead to your injury. This means they do not necessarily consider all the ways in which you have been damaged. It is not their job or their goal to maximize your financial recovery.
You have a right to a lawyer at every point during your discrimination, harassment or hostile work environment case, from the filing of your EEOC charge all the way to trial. You need a lawyer who will be your advocate and seek full compensation for you. The lawyers at Fried & Bonder have the right experience. They have been involved at all phases of the EEOC process and have successfully litigated cases for victims along side the EEOC attorneys. If you are getting ready for an EEOC scheduled conciliation, or your case is or will be filed by the EEOC, call the lawyers at Fried & Bonder for a free consultation.
