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Category: Employment Law
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Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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What happens once a EEOC claim has been filed? How long before

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What happens once a EEOC claim has been filed? How long before the employer is notified? And what is the employee's responsibility after that? Does the employee need to notify the employer that a claim has been filed and is the employee required to fulfill their scheduled shifts prior to resolution?
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion.

The employer is generally notified of the complaint within a couple of weeks of you filing your formal complaint.

The EEOC will conduct an investigation and eventually make a determination as to whether your allegations are supported by the facts.

You may allow the EEOC to finish their investigation, or you may ask for a right to sue letter after 180 days and then go forward with a lawsuit of your own against the employer.

You are not obligated to tell the employer that you have filed the claim. However, as soon as they are on notice that you have filed a claim, they may not legally take any action to punish you for filing.

If you do not continue to work as scheduled, you may be terminated by the employer and not be eligible for unemployment. However, if you choose to, you may terminate your employment at any time under the law.

Here is a link to the EEOC site which discusses some of the possible remedies you will have available to you:

http://www.eeoc.gov/employers/resolving.cfm


You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2012,

Doug


Customer: replied 4 years ago.

What exactly constitutes a 'hostile work environment'?

There was a workplace dispute between myself and another employee about work processes. My supervisor had us go to mediation with another supervisor to seek resolution. Both the other employee and myself agreed that the situation was resolved.

A few weeks later I was written up for tardiness because I was in fact 15 minutes late without a call to my supervisor.

A week after that I was selected for a random drug screen by our headquarters located in another state. I was notified 10 minutes into my shift that I was required to go. I ended up having to leave work due to a medical emergency and was unable to complete the random drug screen until 24 hours after my notification.
Due to the medical emergency I was released by my dr. for the day I was notified and the following day.
Now my employer is requesting documentation that I was at the dr.
My immediate supervisor has now included the HR dept at our headquarter's office and she is now requesting the dr documentation as well.
I called into work the day after I was released from the dr stating I didn't feel comfortable coming in because I felt that it was a hostile work environment. From there my immediate supervisor advised me to speak with HR at headquarters. HR has tried calling me numerous times but I am afraid to speak with them.
I have not yet notified the EEOC that I would like to file a claim.
Does this sound like I have a claim for hostile work environment?

Customer: replied 4 years ago.
,

What exactly constitutes a 'hostile work environment'? 

There was a workplace dispute between myself and another employee about work processes. My supervisor had us go to mediation with another supervisor to seek resolution. Both the other employee and myself agreed that the situation was resolved. 

A few weeks later I was written up for tardiness because I was in fact 15 minutes late without a call to my supervisor. 

A week after that I was selected for a random drug screen by our headquarters located in another state. I was notified 10 minutes into my shift that I was required to go. I ended up having to leave work due to a medical emergency and was unable to complete the random drug screen until 24 hours after my notification. 
Due to the medical emergency I was released by my dr. for the day I was notified and the following day. 
Now my employer is requesting documentation that I was at the dr. 
My immediate supervisor has now included the HR dept at our headquarter's office and she is now requesting the dr documentation as well. 
I called into work the day after I was released from the dr stating I didn't feel comfortable coming in because I felt that it was a hostile work environment. From there my immediate supervisor advised me to speak with HR at headquarters.  HR has tried calling me numerous times but I am afraid to speak with them. 
I have not yet notified the EEOC that I would like to file a claim. 
Does this sound like I have a claim for hostile work environment?

Please be patient with me. I may not type as fast as you do and re-posting the same reply will not speed the process up. I am working on your answer now.
Customer: replied 4 years ago.

I'm sorry it posted twice by mistake.

Good morning,

Most people are under a mistaken impression that if they are not treated well at work, or if they are gossiped about or berated by fellow employees or their boss, that as a consequence they are being subjected to a Hostile Work Environment and have a viable legal claim as a result. Actually, under the law and according to the US Supreme Court, that is not the case.


The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.

Having reviewed your specific facts, and it not appearing that you have been discriminated against based on your race, color, national origin, religion, sex, age or disability, I have to say that a complaint to the EEOC is probably not warranted, and will probably be found in your favor if you do file one---I'm sorry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug
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