EEOC Right to Sue Letter: A Guide

Imagine walking into your boss’s office after months of working toward a coveted promotion. They sit you down and let you know they have chosen another applicant. They tell you they have filled the role based on the applicant’s gender, though you have more experience. This is an example of workplace discrimination, and it is illegal.

The United States Equal Employment Opportunity Commission (EEOC) works to protect employees from discrimination based on several determinants, such as the one stated in the example above — gender identity. Have you experienced something you think is discrimination in the workplace? The good news is that you have options.

The first step in taking legal action against your employer for discrimination is getting a Notice of Right to Sue from the EEOC. Below, we explore what getting a Notice of Right to Sue involves and how you can set yourself up for legal success in the face of workplace discrimination.

How Filing an EEOC Claim Works

When you believe you have been discriminated against at work, your first step should be to go to your company’s HR department. The HR team may be able to help you find a solution you are happy with without you needing to submit an EEOC claim. If the HR department does not help you reach an adequate resolution for your discrimination case, you can move forward and file a charge against your employer with the EEOC.

The agency will investigate your claims to discover if there is reasonable cause that discrimination occurred. The EEOC claims process may include the following three steps:

1. Dismissal and Notice of Rights: If the EEOC does not find evidence that discrimination occurred, you might receive a Dismissal and Notice of Rights. It can be frustrating to have the EEOC dismiss your claim, but you should know that you have the right to sue your employer after receiving this dismissal. You have 90 days to take legal action after getting a dismissal notice.
2. Letter of Determination: The EEOC will share a Letter of Determination with both you — the charging party — and your company if they believe workplace discrimination took place. Through conciliation, the agency will work to find a resolution. If the employer clearly violated a law, the EEOC can carry out a lawsuit against the company.
3. Notice of Right to Sue: In situations where the EEOC finds reasonable cause but does not pursue litigation against your workplace, they send you a Notice of Right to Sue. You have 90 days to file your lawsuit after receiving this letter.

Depending on the state where you are employed, you may only have a certain amount of time to submit a claim. For example, people working in Pennsylvania have 300 days to file gender identity discrimination claims. If you’re unsure how to get started, contact a law firm that specializes in employment law — like the team at Weisberg Cummings — to give you the best chances of a favorable outcome for your case.

What Is a Right to Sue Letter?

If the EEOC’s process discussed above proves unsuccessful, but they still believe you have grounds for a lawsuit, they’ll send you a Notice of Right to Sue. Think of this as permission from the EEOC to take the matter into your own hands by pursuing a lawsuit against your workplace.

Upon receiving the letter, you can pursue a federal lawsuit against your employer within the next 90 days. Keep in mind that the 90-day window may pass more quickly than you expect — while you may feel overwhelmed about the process, you need to act fast and file your lawsuit as soon as possible.

Is a Right to Sue Letter Good?

If you get an EEOC Right to Sue letter in the mail, consider it a good thing — there is no need to be discouraged if the EEOC does not choose to litigate. These letters mean you can continue to seek justice for the unfair treatment you’ve unfortunately experienced.

Holding employers responsible is part of creating safer and more comfortable workplaces for people from different backgrounds. Getting your hands on a Right to Sue letter is just one of the first steps in finding an appropriate and fair resolution.

Can You Sue Without a Right to Sue Letter?

In most of these cases, the answer is no — the worker must go through the EEOC and get one of these letters if they want to file a lawsuit. However, there are a few exceptions to this rule. If you are pursuing legal action because of the Equal Pay Act of 1963 or Age Discrimination in Employment Act of 1967 violations, you do not need a Right to Sue Letter.

Once you submit your claim, it typically takes the EEOC around 10 months to investigate your claims. After this period, you may receive the Notice of Right to Sue. In some cases, you can request one of these letters before the 10-month period.

What to Do After Getting a Right to Sue Letter

When you receive your Right to Sue letter from the EEOC, take action promptly. Teaming up with a skilled attorney can help you supercharge your efforts and ensure you file your lawsuit in a timely manner.

As we discussed earlier, you only have a 90-day period to file, so you should find an attorney who can get started on your case as soon as possible. Seeking legal counsel immediately gives your attorney time to get to know you and your case on a deeper level. It also allows them plenty of time to draft your court filings and strengthen your unique case.

Schedule a Free Consultation With an Employment Attorney at Weisberg Cummings

Need help navigating a Right to Sue letter in Pennsylvania? Weisberg Cummings, P.C. is here for you. Our law professionals specialize in employment claims and are highly experienced. Beyond employment discrimination cases, we can assist with everything from sexual harassment to Family and Medical Leave violations.

We want to assist you through the litigation process and find justice for your unique case. Contact Weisberg Cummings to speak with one of our trusted attorneys today!