Employment discrimination
EEOC/ERD Complaints & Responses
Our lawyers have substantial experience and/or knowledge in handling discrimination cases and filing complaints with the EEOC, ERD, Dept. of Labor, and other agencies. It is important that these complaints be carefully drafted before they are filed, since the failure to do so can result in losing and/or limiting a client’s legal rights, and monetary remedies down the road. If you have already filed a complaint, it can often be amended to correct any defects before the agency concludes its investigation.
Areas of expertise
How We Can Help
Our experience and commitment to this field allow us to handle the full gambit of labor and employment law matters you may be facing. Our state and/or federal laws protect you from harassment, discrimination and/or retaliation because of your age (over 40), disability, medical condition, medical leave, gender, sex, military service, race, sexual orientation, and other protected classes. It is also generally illegal for an employer to retaliate against you because you have raised a complaint about workplace discrimination. Our lawyers can help you to ferret out what is legal, as opposed to what is not, and assist you with any appropriate contacts and correspondence with your employer, settlement negotiations, as well as legal proceedings (if necessary) to achieve your objectives.
Filing
Complaint
Inquiry
Response
Settlement, Mediation, Conciliation
Administrative Hearings
EEOC/ERD
Both federal and state laws prohibit discrimination in all areas of employment including job advertising, recruitment, application and hiring, job assignments and promotion, pay and benefits, dress code, discipline, and discharge. Discrimination can take many different forms, some of which are less obvious than others. In some cases, employers may not be even aware that they are engaged in discriminatory practices.
If an employee feels they have fallen victim to discrimination, harassment or retaliation, they may file a charge/complaint with the United States Equal Employment Opportunity Commission (EEOC) or Wisconsin Equal Rights Division (ERD). It is important that these complaints be carefully drafted before they are filed, since the failure to do so can result in losing and/or limiting a client’s legal rights, and monetary remedies down the road. If you have already filed a complaint, it can often be amended to correct any defects before the agency concludes its investigation.
Protections Include
- Any form of discrimination
- Wrongful termination
- Whistleblowing
- Retaliation
- Reasonable Accommodations
Types of Claims
- Discrimination based on protected class status
- Refusal to accommodate a disability or retaliation for requesting accommodation
- Retaliation for expressing opposition to discriminatory treatment at work
- Retaliation for filing a complaint with the EEOC or ERD/participating in such a proceeding
- Retaliation for exercising rights to FMLA/medical leave
The Investigation
After a charge/complaint is filed with the EEOC or ERD, the agency conducts an investigation to determine whether there is probable cause to believe that discrimination, harassment or retaliation occurred. Unless the employee and employer agree to a free and voluntary process for attempting to resolve their differences (mediation), the investigation will proceed by the employer filing a statement of position which will typically provide arguments for why the employer did not violate the law. From there, the employee will have an opportunity to rebut the employer’s position and provide additional information/evidence in support of their claims. Once the investigator has given both parties the opportunity to provide information, they will issue their determination. Though not binding, the decision can often be a strong indicator as to the strength of a claim. For this reason, it is imperative that complete information is provided to the agency in order to maximize the chances of obtaining a favorable outcome.
Although an employee is not required to hire an attorney to represent them throughout the EEOC/ERD process, doing so may level the playing field or provide a competitive advantage since employers typically have experienced HR staff or its own legal counsel to combat a claim. Our team has extensive experience and knowledge working with these agencies and are prepared to help at any stage in the proceeding whether its before or after a complaint has been filed. Our clients typically obtain the best results when we are involved before the investigation has been completed.
plan of action
Our
Approach
Our attorneys are available to directly address your concerns, and put our many years of experience to work for you. Though the events and “drama” that arise in the workplace can often be confusing and emotionally taxing, our legal team deals with these matters on a daily basis. We can therefore provide you with a level head, as well as a well-rounded approach.
01
Identify
We quickly identify the root of the specific problem you are facing at work.
02
Explain
We explain clearly where you stand with respect to your legal rights.
03
Disclose
We disclose your options and likelihoods for obtaining a favorable outcome.
We Will Help You Every Step Of The Way
We plead that good legal service starts by alleviating the “ulcer” that comes from not knowing your legal rights, and replacing that with a definitive, smart and practical strategy, moving forward.
