In Part 1 of our articles we gave you a general overview of the EEOC complaint process. In this second part, we’ll discuss lawsuits. As a leading Florida construction attorneys, we understand that disputes can escalate, but lawsuits are generally a last resort when dealing with discrimination complaints in the construction industry. If an employee or potential employee has gone through the EEOC complaint process and is not satisfied with the outcome, they may pursue further legal action and employers will need to secure an attorney to remedy the complaint.
A Chance to Settle
With the exception of age and gender-based discriminations, going through the administrative complaint process is the ideal solution for setting complaints. The EEOC will provide an opportunity for mediation between the employer and employee, a settlement or conciliation may be offered. The claimant can accept, counter offer, or deny the offer altogether.
Steps Taken to File a Lawsuit
In order to file a lawsuit, claimants must go through the complaint process first. If the situation is not resolved a case may be taken to court. After filing a complaint, if this complaint isn’t resolved, a claimant may pursue a lawsuit in the following situations:
- Regarding Complaints: If the claimant has not received a decision after 180 days, nor have they filed an appeal, they may file a lawsuit. If the claimant has received a decision and has not filed an appeal, they can file a lawsuit within 90 days.
- Regarding Appeals: If a claimant has not received a decision after 180 days, they may file a lawsuit. If a claimant has received a decision for the appeal, they may file a lawsuit within 90 days.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.