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If the agency finds that the evidence does not support the claim of discrimination, the EEOC will explain its finding to the person who filed the charge. It will issue a notice to close the case, and the charging party will then be given leave to file a lawsuit within 90 days.
Establishing a prima facie case of discrimination A prima facie case of employment discrimination may be shown by proving the following: The worker is a member of a protected class. The worker had all of the qualifications for the job. The employer rejected the worker despite his or her qualifications.
After the parties have been informed by letter that the evidence gathered during the investigation establishes that there is "reasonable cause" to believe that discrimination has occurred, the parties will be invited to participate in conciliation discussions.
Quick help: General information about the laws EEOC enforces and filing a charge: 1-800-669-4000, 1-800-669-6820 (TTY for Deaf/Hard of Hearing callers only), 1-844-234-5122 (ASL Video Phone for Deaf/Hard of Hearing callers only), or info@eeoc.gov. Need quick answers?
The plaintiff must present a valid and appropriate prima facie case (that is, a case that correctly sets up either disparate impact or disparate treatment). After hearing the complaint, the defendant must present a defense based on the case presented by the plaintiff.
A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
To establish what the law calls a prima facie case for a failure to accommodate on the basis of religion, a plaintiff employee must establish three elements: (1) the employee has a bona fide religious belief that conflicts with an employer's general requirements, (2) the employee informed the employer of the religious ...
Order at 12. To establish a prima facie case of retaliation, a plaintiff must show ?1) that she engaged in protected activity, 2) that the employer took adverse action against her, and 3) that a causal link exists between the protected activity and the employer's adverse action.? Kachmar v. Sungard Data Sys., Inc.
If the EEOC investigation reveals discrimination, we issue a "Letter of Determination" to you and your employer that explains our finding. EEOC then works with both of you to resolve the situation. If you agree to a solution, you will be asked to waive your right to go to court.
If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known ...