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 or Right to Sue Letter 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.

What Is a Right to Sue Letter?

Generally, if you want to sue your employer for discrimination based on legally protected classes, you must obtain a Right to Sue Letter before proceeding. A Right to Sue Letter from the EEOC is a notice that permits you to file a workplace discrimination lawsuit against your employer in federal court. The Right to Sue Letter is the last step in your discrimination complaint and is often necessary to proceed with a private lawsuit. The EEOC Right to Sue Letter grants 90 days for filing a lawsuit.

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 I 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 the 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 claim. 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.

How Do I Sue for Workplace Discrimination?

As we have mentioned, the Right to Sue Letter is the final step in your discrimination charge process, which allows you to seek legal action in court. However, you might find a resolution before or after filing a complaint with the EEOC. In this case, you won’t need the Notice of Right to Sue. So, where do you begin if you’re looking to sue your employer for discrimination?

Start at Your HR Department

If you feel you are in a hostile work environment and are being discriminated against, your human resources department is your first point of contact. They may be able to help you resolve the situation, in which case you may not need to file any formal claims.

Keep in mind that discrimination in the workplace can take many forms. If the discriminatory behavior does not come from the management but from fellow employees in nonsupervisory roles, you want to notify your HR to strengthen your case. You must prove your employer knew or should have known what happened and did not take action.

File a Discrimination Claim

If you do not receive a satisfactory response from your employer, you can file a Charge of Discrimination complaint with the EEOC. You may also be able to file an employment discrimination charge with your state, depending on your state’s antidiscrimination laws.

For example, people working in Pennsylvania have 300 days to file gender identity discrimination claims under federal law. 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.

The EEOC will then investigate your claim by reviewing documents, workplace complaints, and your and your employer’s statements.

Once the EEOC concludes its investigation, it will take action based on the following findings:

• No evidence of discrimination: If the investigation finds that your employer did not violate your rights, the EEOC provides you and your employer with a Dismissal and Notice of Rights, a letter that closes the case. That gives you the go-ahead to file a private lawsuit if you wish to do so within 90 days.
• Evidence of discrimination: If the investigation uncovers rights violations, the EEOC issues a Letter of Determination. The EEOC’s Letter of Determination is a statement providing the outcome of your charge and supporting your claim of discrimination.

If the investigation concludes with a Letter of Determination, you can choose to resolve the matter with your employer under the EEOC oversight. However, if that does not work, the EEOC may pursue litigation against your employer or grant you a Notice of Right to Sue Letter. Similar to the first instance, you will have 90 days to pursue a private lawsuit.

File a Lawsuit

With the Right to Sue Letter from the EEOC, you can file a lawsuit against your employer in federal court, whether or not the EEOC investigation turned up any evidence. Remember that the Right to Sue Letter does not support your case. What can help your case is the Letter of Determination, which means that the commission investigated the complaint and discovered that you have a valid claim.

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!