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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19676
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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The EEOC has filed in my favor of age discrimination. What

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The EEOC has filed in my favor of age discrimination. What should I expect to happen next?

Thank you for your question. Can you tell me what you mean by "filed in my favor?" Has the EEOC told you that they are taking your case to file suit on or have they sent you a "right to sue" letter?
Customer: replied 3 years ago.
They sent me a letter stating that there was a finding in my case of age discrimination and would be preparing for conciliation.
Hello again and thank you for your reply. That language is highly unusual. I have never seen that language used. Can You tell me how long ago you filed your complaint and also whether or not you have sat down in mediation with your employer (or former employer if you no longer work there?)
Customer: replied 3 years ago.
The term conciliation is the same as mediation. I filed in 2009.
Thank you and I understand what the term means but there is generally never a substantiation of a case and then a mediation. Generally mediation comes before the EEOC even investigates the case or makes a decision about whether or not they think the case is substantiated.

The reason why I asked you about whether the EEOC had said they were going to keep the case and file suit or issue a "right to sue" letter, is because that determines what happens next. This page is the EEOC's statement of the process of charge handling:

If you are just now going to mediation, then both parties must agree to it and nothing is binding on either party. In other words, you and the employer can agree to a resolution and settlement now, or simply walk away and then litigate the case.

If the EEOC decides to take the case themselves, which they will tell you if they are going to, then they will file suit on your behalf and you will simply be a witness and have to participate in depositions, like a regular law suit. If,during litigation, the employer makes a settlement offer, you will be consulted regarding acceptance or not of the offer.

If the EEOC decides not to file suit on your behalf, then they will issue you a "right to sue" letter and you will have 90 days to find an employment law attorney of your own to file suit against the employer.

Please let me know if you have any specific questions I can assist you with. I would be glad to do so.
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Customer: replied 3 years ago.
The EEOC has already taken my case. Wouldn't the "right to sue" letter be issued if the company refuses to comply with the agreement terms set by the EEOC?
Alright, well that is why I asked you if they said they were going to keep the case and file suit. That is the only way that you know for sure that they have taken your case. The "right to sue" letter is issued under the circumstances that I mentioned. The EEOC issues it if they are not going to file suit on your behalf. That is the only reason they issue a right to sue letter. They will issue one whether they think your case is substantiated or not. It is merely a letter that starts the clock on your 90 window to file suit.

The EEOC does not set any terms for the employer unless the employer agrees in mediation to them. In other words, unless there is a judgment, the EEOC has no power to direct the employer to do or not do anything in your case. So, that is what mediation is for, which is to see if litigation can be avoided and the parties (you and the employer) can reach a settlement. If not, then as I mentioned, either the EEOC files suit on your behalf or they issue you the RTS letter and you have to file suit yourself. Once they tell you that they will be keeping your case, then you know they will not issue a RTS letter.

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