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EEOC Strategic Enforcement

Sunday / September 8, 2013

Many times I get calls from individuals who have received the right to sue letter from the Equal Employment Opportunity Commission (“EEOC”) and feel that because they got a right to sue letter they have a strong case.  Some even think that because they received a Right to Sue letter the EEOC is indicating that they have a strong case. First off, everyone who files a charge of discrimination with the EEOC will get a right to sue letter. Simply because you received a right to sue letter does not indicate the strength of your case. In fact, your case could be extremely weak and you could still get the same right to sue letter to someone whose case is extremely strong.

 

The EEOC has a new strategic enforcement plan that shows the types of claims that the EEOC will be particularly interested in investigating. These types of cases include class-action waivers, the use of arrest or conviction records, fixed leave policies and accommodation questions relating to the Americans with Disabilities Act Amendments Act, as well as pregnancy discrimination. These are the hotbed issue the EEOC is focusing on when he starts conducting an investigation. If your case falls into one of these categories, you have a stronger likelihood of the EEOC pursuing the cause of action for you or giving you a favorable ruling at the conclusion of its investigation. This does not, however, me that simply because your employment issue falls into one of these categories you will likely prevail. You still need to meet all the elements required in order to show you suffered employment discrimination based on one of these protected class reasons. However with the new strategic enforcement it gives individuals an idea of the factors that the EEOC is looking when considering its decision.  It is important to have a qualified attorney discuss your case to let you know what your rights are and evaluate the strength of your case.   If you feel like you were wrongly terminated or discriminated against in your employment please give me a call at 480-398-1498 or visit my website at www.criminaldefenseattorneykg.com to learn more.

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