Documentation Requirements for EEOC Success & Timeline and Deadlines for EEOC Charges

Charge-Specific Documentation

Incident Documentation Standards: EEOC charges require higher documentation standards: - Specific dates, times, and locations for all incidents - Direct quotes and exact language used in harassment - Detailed description of physical actions or conduct - Witness identification with contact information - Contemporaneous records created at time of incidents Legal Theory Support: Document evidence supporting legal claims: - Protected class membership and employer knowledge - Adverse employment actions and causal connections - Pattern evidence showing systematic discrimination - Comparative evidence of differential treatment - Employer policy violations and inadequate responses Damages Documentation: Prepare evidence of harm and damages: - Lost wages, benefits, and advancement opportunities - Medical expenses and treatment for harassment impact - Emotional distress and psychological harm evidence - Career damage and professional reputation impact - Out-of-pocket expenses related to harassment

Employer Response Documentation

Position Statement Analysis: Employers file position statements responding to charges: - Review employer arguments and factual disputes - Identify false or misleading statements requiring rebuttal - Gather additional evidence to counter employer defenses - Prepare witness testimony addressing employer claims - Document employer pattern of similar responses to other complaints Retaliation Documentation: Monitor and document post-filing retaliation: - Changes in treatment following EEOC charge filing - Adverse employment actions correlated with EEOC process - Isolation, harassment, or hostility from management - Performance evaluations or disciplinary actions - Any employer attempts to discourage EEOC participation

Filing Deadline Requirements

Federal Deadline Rules: - 180 days: States without state civil rights agencies - 300 days: States with state civil rights agencies (deferral states) - Continuing violation: Ongoing harassment may extend deadlines - Discovery rule: Deadlines may run from when discrimination was discovered Deadline Calculation: Deadlines typically run from: - Last act of discrimination or harassment - Date of adverse employment action - When you knew or should have known of discrimination - Final decision in internal company appeals State-by-State Variations: Research your specific state's rules: - Identify whether your state has deferral agreement with EEOC - Understand state-specific deadline extensions or variations - Consider strategic advantages of state versus federal filing - Account for state law remedies and damage limitations

EEOC Process Timeline

Investigation Phase Timeline: - Charge filing and employer notification: 2-4 weeks - Initial investigation and fact-finding: 6-12 months - Extended investigation for complex cases: 12-24 months - Employer position statement and response: 30-60 days after notification Resolution Phase Options: - Cause finding: EEOC finds reasonable cause discrimination occurred - No cause finding: EEOC finds insufficient evidence of discrimination - Conciliation: Negotiated settlement with EEOC facilitation - Right to sue letter: Permission to file federal lawsuit Post-Investigation Timeline: - Conciliation attempts: 30-90 days after cause finding - Right to sue letter issuance: Automatic after investigation or upon request - Federal lawsuit deadline: 90 days after receiving right to sue letter - EEOC lawsuit decision: Varies based on case priority and resources