How do you win the EEOC case?
Sample Complaint for Employment Discrimination
The civil rights laws enforced by the Commission, which prohibit employment discrimination on the basis of race, color, religion, national origin, sex, age, and disability, as well as retaliation, apply to employment discrimination by the federal government. While the actual protections for federal employees are the same as those for all other workers, the procedures for resolving complaints by federal employees differ from the procedures governing claims by employees in the private sector. The Federal Sector Procedural Rule adopted by the Commission updates and improves the procedures governing the manner in which federal employee discrimination claims are processed in administrative matters.
Civil lawsuit for discrimination
With only a few exceptions, all workers, including undocumented workers, have the same fundamental rights as other workers, regardless of their immigration status. There are different types of laws that contain these rights. This section provides a general summary of some of these laws.
The NLRA is a federal law and is enforced by the National Labor Relations Board (NLRB). If an undocumented worker feels that his or her rights have been violated, he or she can file a complaint here against an employer or union organization.
Title VII is a federal law and is enforced by the Equal Employment Opportunity Commission (EEOC). If an undocumented worker believes that he or she has been discriminated against because of race, color, sex, religion or national origin, he or she may file charges with the EEOC within 180 days of the alleged act of discrimination. For more information, see the following link
What to do in the event of employment discrimination
Whenever discrimination is discovered, the goal of the law is to put the victim of discrimination in the same place (or nearly the same place) that he or she would have been if the discrimination had never occurred.
The types of remedies will vary depending on the discriminatory act that occurred and the effect it had on the victim. For example, if someone is not selected for a job or promotion because of discrimination, the remedy may include job placement and/or back pay and benefits that the person would have received.
Employment Discrimination Cases in Mexico
If neither the union nor your employer accommodates your religious beliefs, you should file a charge with the Equal Employment Opportunity Commission (EEOC). Remember: to be absolutely certain that your charge is timely filed, you must file it within 180 days of the date of the discrimination. Normally, “discrimination” occurs when the union or employer decides not to accommodate your religious beliefs. But it could also be an act by the employer or union against your request for an accommodation.
Let’s look at an example using a religious objection to paying union dues. Suppose you have written your letter to the union and your employer detailing your religious beliefs about paying union dues and you have asked them for an accommodation for your religious beliefs. If the union writes back to tell you that they will not accommodate your religious beliefs, you should calculate the 180-day period starting from the day the union rejected you. If the employer and the union do not give you an answer, but simply begin deducting union dues from your pay, you should file a charge within 180 days after the date union dues begin to be deducted from your pay.