Understanding the Administrative Agency Process

If we have told you that your case starts with a government agency instead of a courtroom, this page is for you. The agency step can feel like a detour, and honestly, it can be slow. But for many employment claims it is required by law, and it comes with real strategic benefits.

What this stage is

For many types of employment claims, especially discrimination, harassment, and retaliation claims, the law says we cannot go straight to court. We must first file a "Charge of Discrimination" with a government agency. A charge is a formal document that describes what happened to you and which laws were violated. It is not a lawsuit, but it is the official first step toward one.

The main federal agency is the Equal Employment Opportunity Commission, or EEOC. Depending on your claims and where you worked, we may instead file with a state agency that handles the same job such as a state or local human rights department. For some claims this step is optional but useful. For others it is not available at all. We will tell you which applies to you.

How long it typically takes

This is the part of the process we control least. Agencies run on their own schedules. We have seen the process take weeks, and we have seen it take more than two years. Slow movement at the agency does not mean your case is weak or forgotten.

Two good things happen during this stage.

First, we learn about the employer's defense. After we file your charge, the employer usually submits a formal written response called a Position Statement. It gives us an early look at their arguments and their theory of the case, which helps us build a stronger strategy.

Second, we get a shot at early, confidential resolution. Most agencies offer a free mediation program, a settlement meeting run by a neutral go-between. If both sides agree to it, we may resolve your case before any public lawsuit exists.

What we do

We draft and file the charge on your behalf and make sure it is filed on time and in the right place. We analyze the employer's Position Statement line by line. If mediation is offered and makes sense for you, we prepare with you and sit beside you through it. And we press the agency for updates so your case does not sit unnecessarily.

When the process ends, we handle the paperwork that moves your case to its next stage.

What you do

Your role here is light but important. Review the draft charge for accuracy before we file it. Be responsive if we need more information. Keep saving documents and messages related to your case. And be patient with the government's pace, knowing we are watching the file the whole time.

What happens next

Eventually the agency closes its process and issues a document called a "Notice of Right to Sue," often just called a right-to-sue letter. In plain English, it is the permission slip we need to take your claims to court. Receiving it does not mean the agency thought your case was weak or strong. It simply means the agency phase is over.

Here is the part that matters most: once a right-to-sue letter is issued, there is a strict, short deadline to file your lawsuit. Missing it can end your claims for good. If you ever receive a letter from an agency directly, send it to us the same day you get it.

From there, if your case has not already settled, we move toward the demand and pre-suit negotiation or filing your lawsuit. Every case is different. Ask your legal team how this applies to yours.

Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.