These time limits are: 365 days in California and 300 days in Nevada. The time limit is 180 days in the State of Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam and Wake Island. To protect your legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
Therefore, if you work in California and experience any form of discrimination or harassment, you likely have grounds to file a claim with the EEOC to hold the responsible party accountable for their actions.
Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim. This involves presenting facts and sometimes witness testimonies to make a compelling case that the discrimination occurred.
Claimants have 180 days to file an EEOC complaint following the date an alleged incident occurs. Similarly, the EEOC has 180 days from the date it receives a complaint to conclude its investigation and issue a Notice of Right to Sue to the claimant. However, it may not conclude its investigation within this time.
The most frequently filed claims with the EEOC are allegations of race discrimination, racial harassment, or retaliation arising from opposition to race discrimination.
EEOC regulations require that you seek pre-complaint counseling before filing a formal complaint. You must file a formal complaint within 15 days of receiving the notice of the right to file a formal complaint.
In the context of an EEOC complaint, understanding what this entails can significantly affect the outcome of your case. Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim.
Ultimately, the EEOC needs to be able to prove by a preponderance of evidence, meaning at least 51% probability, that you suffered employment discrimination at your worksite.