However, if EEOC determines there is reason to believe that discrimination had occurred; both parties will be issued a "Letter of Determination" which states there is reason to believe that discrimination had occurred and encourages both parties to join EEOC in seeking a resolution to the charge, through the informal process of conciliation discussions. However, if conciliation fails, EEOC then has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If EEOC wishes not to pursue litigation, the charging party will receive a "Notice of the Right to Sue" and may file a lawsuit in federal court within a 90 day time frame.
In addition to conciliation, there are other informal methods that the EEOC offers to resolve charges of discrimination. Even though these are strictly voluntary, they are the preferred methods of resolution. These methods include mediation, settlement, and as previously discussed conciliation. Some of the advantages to these methods include cost effectiveness and time and effort saving measures. .
In addition to conciliation, there are other informal methods that the EEOC offers to resolve charges of discrimination. Even though these are strictly voluntary, they are the preferred methods of resolution. These methods include mediation, settlement, and as previously discussed conciliation. Some of the advantages to these methods include cost effectiveness and time and effort saving measures. .
If the voluntary methods are forfeited and the case does go to court, the following are the procedures which take place from the state level all the way through to the Supreme Court. .
First and foremost in the litigation process is the Pleadings. This is the filing of a complaint in the District Court where the case will be litigated. The employee bringing suit is known as the plaintiff and the employer being sued is known as the Defendant.
