Inadequate Investigation: File EEOC charge when employer investigation is:
- Superficial or biased toward protecting harasser
- Fails to interview key witnesses or examine evidence
- Reaches conclusions inconsistent with evidence
- Takes unreasonably long without justification
- Conducted by conflicted or unqualified personnel
Ineffective Corrective Action: EEOC filing appropriate when employer:
- Takes no disciplinary action against confirmed harassers
- Implements superficial "solutions" that don't address harassment
- Allows harassment to continue after complaint
- Retaliates against complainant instead of addressing harassment
- Makes cosmetic policy changes without enforcement
Pattern of Employer Failures: Consider EEOC filing when employer has:
- History of dismissing harassment complaints
- Track record of protecting harassers over victims
- Systemic discrimination problems beyond individual incidents
- Policies or practices that facilitate harassment
- Culture of tolerance for discriminatory behavior
Timing Considerations for EEOC Filing
Immediate Filing Situations:
File EEOC charge immediately when:
- Harassment involves physical assault or credible threats
- Employer refuses to investigate obvious harassment
- Retaliation begins immediately after internal complaint
- Harassment is severe and employer response is inadequate
- Deadlines are approaching and internal process is stalled
Strategic Timing Factors:
- Allow reasonable time for internal investigation (30-60 days)
- Don't delay filing indefinitely waiting for internal resolution
- Consider impact of filing on current employment
- Evaluate strength of case and available evidence
- Account for witness availability and evidence preservation
Deadline Pressure Points:
- EEOC deadlines are strict and rarely extended
- File well before deadline to allow for processing time
- Consider that investigation results may affect charge content
- Account for time needed to gather evidence and witnesses
Coordination with Other Legal Actions
State Agency Coordination: Many states have agreements with EEOC for dual filing:
- Single charge often filed with both agencies simultaneously
- Each agency may take different approaches to investigation
- Extends filing deadlines and provides multiple venues
- Compare remedies available under state versus federal law
Union Grievance Coordination: If covered by collective bargaining:
- EEOC filing doesn't preclude union grievance procedures
- Some discrimination issues may be addressed through both processes
- Consider which process offers better remedies and timeline
- Avoid conflicts between different legal strategies