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Steps In Filing An EEOC Complaint In Michigan

Workplace discrimination can be upsetting, embarrassing, and simply unfair. Fortunately, Michigan employees are protected under both federal and state laws. If you believe you’ve been discriminated against for your race, color, sex, age, disability, national origin, religion, or another protected characteristic, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).

While not required, an employment lawyer can leverage their experience and knowledge to file your EEOC complaint, successfully navigate the system, and minimize any delays.

What Does the EEOC Do?

The EEOC is a federal agency. Their job is to investigate employment discrimination and enforce laws preventing employers from discriminating. They handle complaints including harassment, retaliation, unfair treatment, and denial of reasonable accommodations.

Who Can File an EEOC Complaint?

Not every workplace conflict is grounds for an EEOC complaint, and not every workplace is covered by EEOC laws. Before you file a complaint, it’s important to determine whether you’re eligible.

First, consider whether the discrimination was due to a protected characteristic. For example:

  • Race
  • Color
  • National origin
  • Religion
  • Sex (including sexual orientation, gender identity, and pregnancy)
  • Age (over 40)
  • Disability
  • Genetic information (including family medical history)

Then, determine whether your employer is covered. Generally, a workplace must have 15 or more employees before it is subject to EEOC laws. If your complaint is about age discrimination, they must have 20 or more employees. An attorney can help by reviewing your claim and explaining whether you’re eligible to file.

Steps to File an EEOC Complaint in Michigan

Filing a complaint with the EEOC is a multi-step process:

  • Begin the complaint process: The EEOC’s Public Portal allows employees to submit an online inquiry. The portal will ask you questions to help determine whether you’re eligible to file a complaint. Alternatively, you may contact the EEOC at 1-800-669-4000.
  • Schedule an intake interview: Next, you’ll schedule an intake interview with the EEOC. This is done through their public portal. The interview helps the EEOC gather more information about your complaint. This allows them to confirm that your complaint falls under their authority. The intake interview can be done on the phone, by video chat, or in person.
  • File a formal charge: After your intake interview, you’ll file a formal “Charge of Discrimination.” This is a written, signed request for the EEOC to investigate your discrimination claim.
  • Follow the filing deadlines: Michigan and the EEOC have strict deadlines for how long you have to file a complaint. Michigan’s deadline is 300 days from the date you were discriminated against.
  • Consider dual filing with MDCR: In some cases, filing with the EEOC may automatically file your complaint with the Michigan Department of Civil Rights. If filing isn’t automatic, you may choose to file with them on your own.
  • Cooperate with the investigation: After your charge is filed, the EEOC will notify your employer within 10 days. During the investigation process, the agency investigators may request documentation and interview witnesses. Some cases involve workplace visits. This process can take nearly a year to complete.
  • Consider mediation and settlement: The EEOC might offer the opportunity to settle your claim through mediation. This is voluntary. If you choose to mediate, be sure to consult an employment lawyer so you know your options and how much your claim should be worth.
  • Wait for a post-investigation verdict: After the investigation is complete, the EEOC will issue a finding. This can either be a “no cause” finding, meaning they did not find enough evidence of discrimination. You will receive a “Dismissal and Notice of Rights” form. This allows you to file a lawsuit within 90 days. Alternatively, you may receive a “reasonable cause” finding. In that case, the EEOC will try to resolve the dispute between you and your employer. If the issue can’t be resolved, the EEOC may file a lawsuit on your behalf or issue a “Notice of Right to Sue” so you can sue on your own.
  • File a lawsuit: If you receive notice that you’re eligible to file a lawsuit, you must do so within 90 days. Working with a knowledgeable employment discrimination attorney is strongly advised—the legal system is complicated, with strict procedures and deadlines. An attorney can build a strong case and ensure you meet each requirement.

Discuss Your EEOC Complaint with a Michigan Employment Discrimination Attorney

The EEOC and MDCR complaint process can be complicated, time-consuming, and overwhelming. Working with an employment discrimination attorney can help minimize the time it takes to work through the system and file a lawsuit.

Just Right Law is committed to providing skilled legal representation for victims of employment discrimination. With over 30 years of combined experience, our firm offers personalized legal assistance for every client. Call us at (248) 519-2313 or fill out our contact form for a consultation, and find out how we can help you overcome employment discrimination.