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.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.
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.
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.
Aggrieved parties must contact an EEO Counselor within 45 calendar days of the date of the alleged discriminatory act, event, or in the case of a personnel action, within 45 days of the effective date of the action. For an EEO Counselor, please contact the EEOP at 571-372-0832, or whs.eeop@mail.mil.
It Is Usually Best to File a Complaint With the DFEH But it is a good strategy to file a complaint with the EEOC too. Doing so will preserve your right to sue your employer under both state and federal anti-discrimination laws.
Who Has to Prove Discrimination Occurred? The burden of proof ultimately rests with the aggrieved person at all times; however, there is a three- step process utilized by the EEOC and the courts when deciding if discrimination occurred or not.