A recent case in the Western District of Texas illustrates the problems with EEOC deadlines. Under Title VII, a worker must file a complaint with the Equal Employment Opportunity Commission prior to filing any lawsuit. Once the EEOC completes its work on a "charge" of discrimination, the EEOC will issue the "right-to-sue" letter – which
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EEOC Complaints State-by-State
The EEOC released statistics showing the states with the most EEOC complaints on file. Texas was number 1. This is probably because we have a large population and in other states, such as California, employees may prefer to file their complaints with the state version of the EEOC. But, here in Texas, we have a…
The EEOC Does Not Notarize Charges of Discrimination
All too often, someone who filed an EEOC charge comes to see me with their right-to-sue letter in hand seeking representation for a lawsuit. Unable to accept their case, i discus the alternatives. I review the deadline with the potential client: 90 days for federal court and 2 years for state court. Looking more closely…
Employers can Ignore the Law *if* They do not Mind the Consequences
Clients often have the strangest notions. They actually think that if the law says something, then the employer must do what the law says. I have to break the news to them: employers can ignore the law. Yes. Employers can ignore the law if they do not mind the consequences. Employers do it all the…