Although we have come a long way in the United States with regard to discrimination in the workplace, employment discrimination still occurs far too often that most people realize. The good news is that there are numerous federal and state laws that protect you should you face discrimination in the workplace.

There is even a federal agency, the Equal Opportunity Employment Commission, or EEOC, that is devoted entirely to enforcing those laws and investigating complaints of violations of the numerous anti-discrimination laws.

One question we are frequently asked by victims of employment discrimination is “ Do I have to file with the EEOC if I was discriminated against? ”  

Often, a victim is required to file with the EEOC; however, that does not mean you are required to wait for the EEOC to take action nor does it mean the EEOC is your only or best course of action as a victim of employment discrimination.

Because the primary mission of the EEOC is to enforce laws that make it illegal to discriminate in the workplace in the United States it is often a requirement that a claimant who is alleging a violation of those laws file a claim with the EEOC before pursuing a lawsuit with the assistance of an employment law attorney.

There are exceptions to this general rule such as claims arising under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) which do not require a claimant to file first with the EEOC.

In most cases though a claim must be filed with the EEOC so that the allegations can be investigated by the EEOC.

Filing a claim with the EEOC is certainly beneficial because it brings the employer’s conduct to the attention of the government; however, filing with the EEOC does not always result in relief and/or compensation for a victim of discrimination. The EEOC investigation process can take months, even years, to complete.

Moreover, even if the EEOC does finally determine that an employer violated one of the anti-discrimination laws that determination has no real impact on a civil lawsuit for damages that a victim may be entitled to file. In short, although filing with the EEOC may be mandatory, it is often not enough for a victim who has been the target of employment discrimination.

If you have been discriminated against in the workplace, or have questions about your employment rights, contact an experienced Florida employment law attorney right away.