Private Sector Discrimination Cases Before Agencies

Agencies
Equal Employment Opportunity Commission (EEOC)

• For violations of Title VII of the Federal Civil Rights Act, Age Discrimination in Employment Act, and Americans with Disabilities Act
• Deals with employment discrimination and retaliation for opposing perceived discrimination, either on the job or in a formal administrative complaint.
• Lacks jurisdiction over employers with fewer than 15 employees
• Does not deal with certain kinds of discrimination (e.g., sexual orientation)
• Charges must be filed within either 180 or 300 days, depending upon the jurisdiction involved
• Determines whether there is probable cause to find discrimination, does not issue a final order to remedy it
• Cases can go to Federal or State Court eventually (after 180 days)

DC Department of Human Rights

• Violations of DC Human Rights Act
• Broad subject matter jurisdiction (same as EEOC, but also sexual orientation, marital status, personal appearance, family responsibilities, and political affiliation)
• One year limitation period to file complaint
• Absent settlement in conciliation conducted by DHR, probable cause cases are tried before DC Commission on Human Rights
• Cases do not go to court unless they are withdrawn before a probable cause determination, and filed timely in court. Filing with DHR can toll the time to file a court complaint, so that the complainant may be able to file a court complaint more than one year after the alleged discrimination or retaliation occurred. (We will explain this on request.)

Montgomery County Human Relations Commission

• Jurisdiction over employers operating in Montgomery County
• Fairly broad jurisdiction over various forms of discrimination (almost as broad as DC Human Rights Act)
• Complaint must be filed within one year of the discriminatory or retaliatory act
• Hearing before Commission if probable cause found
  45 days after filing, cases can be taken to court

Prince George's County Human Relations Commission

• Jurisdiction over employers in Prince George's County
• Fairly broad jurisdiction over various forms of discrimination (similar to Montgomery County)
  Complaint must be filed within 180 days of the discriminatory or retaliatory act
• Hearings before Commission if probable cause found
• After 45 days, cases can be taken to court

Maryland Commission on Human Relations

• Jurisdiction over employers in Maryland
• Fairly broad jurisdiction over various forms of discrimination
• Complaint must be filed within 6 months of the discriminatory act
• Hearings before Commission if probable cause found

All of these laws prohibit retaliation against people for filing complaints with these agencies or even for opposing discrimination on the job

Details about other agencies can be provided upon request

Procedures

Complaint of charge is drafted and filed

• Contains skeleton of allegations or claims
• Should just tell basics of discrimination or reprisal
• Completed by agencies, but we prefer doing it ourselves
• Should be notarized

Affidavit of charging party/complainant

• Puts flesh on case
• Gives details
• Often refers to documents used as exhibits
• Often drafted by the agency, but we prefer to write it

Additional support

• From documents, statements by witnesses
• Briefs to agency
• Rebuttal of employer arguments
• Suggest questions which agency can send to employer

Mediation

• A confidential, private process to facilitate settlements, with a neutral person serving as mediator
• Often suggested by commissions
• Generally it is in the complainant’s best interests to settle early, to obtain some sort of relief (monetary or non-monetary) and to keep at a minimum the fees and expenses
• Mediators are generally private attorneys who volunteer their services.
• The mediator meets with the parties and their attorneys, hears the basic facts of the case, and will try to promote a compromise settlement or, possibly, discourage the complainant from pursuing her case (depending on how candid the mediator is).
• Can give the complainant a good idea of the strength of her case

Fact finding conference

• Supposed to help investigator learn facts
• Some use as settlement conference
• Hardly ever used by EEOC any more
• Sometimes held by MD, County Commissions

Probable cause determination

• Decision that claim probably has merit or not
• May promote settlement
• EEOC may take over a year, or even two years, to issue; others take a few months to a over a year
• May lead to complaint filed in court by EEOC against the employer
• Other agencies - leads to hearing before commissions
• Assuming case is cross-filed with EEOC, maybe reviewed by EEOC upon request ("substantial weight review")

Right-to-sue letter by EEOC

• Gives right to sue in Federal or State Court
• Deadline to file court complaint - 90 days from receipt of notice (this is absolute)
• You should mark down, preferably on the notice itself, the date of receipt
• The time runs even if review/reconsideration is sought
• Can be provided by EEOC upon request after 180 days