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Federal EEOC
how to win an eeoc complaint

Almost everyone these days knows that workplace discrimination is wrong.

But few people know that they can fight workplace discrimination by filing an Equal Employment Opportunity Commission (EEOC) complaint.

Winning before the EEOC can not only end whatever discrimination you’re facing, but it can also give you a wide variety of remedies to compensate you for your losses.

These can include financial payments for your damages, reinstatement to the position you lost, or a promotion that you were wrongfully denied. 

But how do you win an EEOC complaint? We’ll cover a few basic strategies in this brief article.

However, if you want more specialized legal advice or more advanced legal tips, then you’ll want to get professional legal help.

First Things First: Filing an EEO Complaint

There are several ways to file an EEO complaint. One way is to go to your employer’s human resources office. Another method is to file a complaint using the EEOC’s online public portal.

If you prefer to take a more personal approach, you can file a complaint over the telephone or visit a regional EEOC office in person.

You can even file a written complaint by mail. Whichever method you choose, make sure you file the complaint shortly after the discrimination happens.

Although the deadline for filing an EEO complaint varies, you generally have only 45 days to contact an EEO counselor and begin the complaint process.

If you wait past that time for filing an EEOC complaint, then it will probably be dismissed. 

Four Tips to Help You Win an EEOC Complaint

Winning a complaint with the Equal Employment Opportunity Commission (EEOC) is usually a complex process, but there are certain steps that you can take to increase your chances of success.

Tip #1: Gather Evidence

As the future complainant, you have the burden of persuasion. And the key to meeting your burden is presenting convincing evidence.

Therefore, you should collect and preserve any relevant documents, emails, witness statements, or other evidence that supports your claim of discrimination or retaliation.

Do not wait until you file a complaint to start collecting documents. Instead, begin preserving evidence immediately after the discrimination starts and make it a regular habit. 

Tip #2: Be Prompt

As we mentioned before, timeliness is essential for the EEOC.

The time limits for filing complaints are strict, so be sure to file your complaint as soon as possible after the alleged discrimination or retaliation occurred.

Respond to judicial inquiries or requests immediately. And ensure that you file any pleadings before the submission deadlines.

It may sound like a straightforward piece of advice, but many strong complainants with compelling cases have failed because of missed deadlines.

Tip #3: Be Clear and Concise

It’s only natural that you’ll feel a lot of pent-up frustration and resentment toward your employer after weeks or months of discrimination.

However, it’s essential that you do not file an overly long or rambling complaint. Make all your written statements straightforward and brief.

Doing so will make you appear more credible and professional; that always makes a favorable impression. 

Tip #4: Seek Legal Counsel

Even if you have a compelling case, you need to have a thorough understanding of the legal system to ensure the best possible outcome.

However, most people have little understanding of the legal system, which puts them at a disadvantage against agency counsel.

Attorneys spend years developing the particular skills necessary to make them effective representatives.

They know how to file persuasive motions, request information via discovery requests, and conduct negotiations. Therefore, having an attorney represent you is critical.

A good attorney can also provide invaluable advice and emotional support throughout the legal process.

What Are the Chances of Winning an EEOC Case?

It’s very difficult to know your chances of winning an EEOC case because no two cases are alike.

Your chances depend on the facts of the case, the applicable law, and your ability to effectively argue your case.

The best way to learn whether you have a chance of winning your EEOC case is by contacting an attorney. 

Trying to Fight Against Workplace Discrimination? Consult with One of Our Experienced Federal Employment Attorneys Today.

Now that you know the basics of how to win an EEOC complaint, start your journey toward success by hiring an attorney.

With their help, you will be able to prevail before the EEOC and recover the compensation you deserve.

Yet not all attorneys are the same. To maximize your chances of winning, you need to hire an experienced attorney who focuses on federal employment matters. 

Here at the Federal Employment Law Office of Aaron D. Wersing, PLLC, our number one objective is to deliver outstanding results for our clients.

We have decades of experience protecting employees against discrimination and unjust employer actions, so we know exactly what it takes to win before the EEOC.

Don’t believe us? Take a moment to review our many client testimonials

Call us at 866-612-5956 today. You can also contact us online.

Author Photo

Aaron Wersing, Attorney at Law

Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.

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