Skip to content
English
Contact us
  • There are no suggestions because the search field is empty.

Understanding the Administrative Agency Process

Understanding the role of agencies like the EEOC in your case

Before we can file a lawsuit in court for many types of employment claims, the law requires that we first file a "Charge of Discrimination" with a government administrative agency, such as the federal Equal Employment Opportunity Commission (EEOC) or a state agency. In other claims, this process is optional but advantageous. And in some claim types, it is not an option to file with an administrative agency.

This article explains the purpose of this process and what to expect. We want to be transparent with you from the start: the agency process can sometimes be very slow. However, it is a necessary and valuable step that provides us with two key strategic advantages.

Advantages of Agency Process

While we wait for the agency to act, the process provides us with:

  1. An Opportunity to Learn: After we file your Charge, the employer is required to submit a formal written response called a "Position Statement." This document gives us an early and valuable look into their defense, their key arguments, and their theory of the case, which helps us build a stronger legal strategy.
  2. A Chance for Early, Confidential Resolution: Most agencies offer a free and confidential mediation program. This gives us another opportunity to resolve your case with the help of a neutral mediator before engaging in a full and public lawsuit.

The Agency Process: Step-by-Step

  1. Filing the Charge of Discrimination: We will draft and file this formal document on your behalf. It outlines the basic facts of your claim and the laws that were violated.
  2. The Employer's Position Statement: The employer will provide their formal response, which we will carefully analyze to strengthen your case.
  3. Mediation (Optional): If both parties agree, we will attend a mediation session to explore the possibility of an early settlement.
  4. The "Notice of Right to Sue": Ultimately, the agency will conclude its process and issue a document called a "Notice of Right to Sue." This is the formal permission slip we need to move your case forward into court litigation if it has not already been resolved.

Like many government processes, we are not in control of the timeline. We have seen the process take weeks or sometimes over a year. Your role during this stage is primarily to be patient while we manage the process and to be responsive if we need additional information from you. While it may feel like a delay, this is a valuable and productive phase that we will navigate efficiently on your behalf.