Overview
We represent individuals with claims of discrimination and harassment in employment, and persons with disabilities seeking accommodations.
Procedure for Proceeding with Employment Law Cases
- Many of the cases cannot be immediately filed in a court. The United States Equal Employment Opportunity Commission (EEOC) was created as part of the Civil Rights Act of 1964 to enforce Title VII. Today, the EEOC is also responsible for enforcing other antidiscrimination laws like the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA.)
- Before filing a Federal lawsuit for employment discrimination, sexual harassment, and violations of the Americans with Disabilities Act, one must first file a charge of discrimination with the EEOC. The EEOC then investigates the charge, asking both the employee, known as the Complainant, and the employer being charged, known as the Respondent, for documents and information relevant to the charge.
- The EEOC does not often make Cause Determinations and files its own case. Sometimes the EEOC is also unable to issue a timely decision. Regardless of the EEOC's action, it is possible to ultimately file a case in Federal Court and later favorably resolve the matter, even when the EEOC did not find in your favor.
- Delaware employees may also file claims of discrimination under the Delaware Human Relations Act. To do so, you have to file with the Delaware Department of Labor (DDOL) Human Relations Commission. The DDOL serves a similar function for the State of Delaware as the EEOC does for the Federal Government.
- It is also important to note that in Delaware you must file your charge with the EEOC within 300 days of the incident you believe was discrimination. But you have only 90 days to file with the DDOL. If you have a claim of discrimination, you should consult with an employment attorney. Please Contact Us right away.
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