Federal-State Coordination:
Most states with civil rights agencies have "work-sharing agreements" with EEOC:
- Single complaint often filed simultaneously with both agencies
- Agencies coordinate investigation to avoid duplication
- Complainant preserves rights under both federal and state law
- May extend effective filing deadlines under continuing jurisdiction
Strategic Considerations for Dual Filing:
- Compare remedies available under federal versus state law
- Evaluate investigation quality and timeline for different agencies
- Assess litigation advantages in federal versus state court
- Consider employer's likely defensive strategy and forum preference
- Evaluate attorney fee and cost implications of different forums
Evidence Gathering for Multiple Jurisdictions
Documentation for Both Legal Systems:
- Ensure evidence supports both federal and state legal theories
- Document impact under both legal standards and definitions
- Prepare witness testimony addressing both federal and state law elements
- Organize evidence to support broader state law protected classes
- Consider how evidence supports enhanced state law remedies
Jurisdictional Evidence Considerations:
- Document employer size and interstate commerce for federal jurisdiction
- Establish state jurisdiction through workplace location or employer incorporation
- Consider multi-state employer complications affecting jurisdiction
- Address potential conflicts between state and federal law requirements
- Prepare for forum selection strategic decisions
Timeline Coordination Between Systems
Filing Deadline Management:
- Identify earliest deadline between federal and state systems
- Plan for potential deadline extensions under dual filing agreements
- Consider strategic timing for optimizing both federal and state claims
- Account for different investigation timelines in different systems
- Prepare for potential conflicts between different agency processes
Process Coordination:
- Understand how dual filing affects investigation procedures
- Plan for potential conflicts between agency recommendations
- Consider settlement implications under different legal systems
- Evaluate appeal options under both federal and state systems
- Prepare for potential litigation in multiple forums