Employment Law Questions? Ask an Employment Lawyer.
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This is a common situation, discrimination is regulated by State and Federal Civil Rights laws,
A discrimination claim can be filed either with the state administrative agency, the West Virginia Human Rights Commissionor the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a “work-sharing agreement,” which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to “cross-file” the claim with the other agency. Recent changes in WVHRC administration and complaint evaluation processes have led some attorneys to recommend against this venue for enforcement of the WVHRA.
To file a claim with the WVHRC, contact your closest office below. More information about filing a claim with the WVHRC can be found at http://www.wvf.state.wv.us/wvhrc/.
To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.
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This will not work for me because I have not actually been hired.
If the employer failed to hire you due to your race, gender, age or other protected civil right,
that is protected by the above agencies, and you can file an EEOC discrimination complaint.
Does this apply to Clinical Pastoral Care Program? This person was in a Chaplain-intern program which would lead to a residency and ultimately in to a chaplain position. The applicant must complete the CPE program which he was dismissed from.
yes, if the basis of the decision, was the persons, age, race,gender, or other protected civil right.
Does the civil rights act of 1991 cover this kind of complaint
The civil rights act of 1964, covers discrimination as well as 1991
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One more thing. Can I file a civil suit
yes, but you must make a formal government complaint first,
after an investigation, they may allow you to sue the employer
What recent changes in WVHRC administration and complaint evaluation processes have led some attorneys to recommend against EEOC
Attorneys the EEOC as they process claims faster.
Are you saying that the Attorney's process claims faster
the EEOC process claims faster
attorneys suggest the EEOC first as they process claims faster
than the WVHRC
Thank you. You have been very helpful
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