Charge Process

After a charge of discrimination is filed, the Equal Employment Opportunity Commission (EEOC) goes a specific charge process. It can include these steps:

Notification: The EEOC notifies you that a charge has been filed against your business. It requests:

  • An explanation for the claims in the charge (this is called a position statement) or
  • Responses to specific questions (in a request for information)

Mediation or settlement: The EEOC may ask if you would like to mediate or settle the charge.

Continued investigation: If the charge isn’t resolved, the EEOC investigation continues.

Determination: After an investigation, the EEOC determines whether discrimination occurred.

Resolution: If the EEOC determines discrimination occurred, the EEOC tries to resolve the charges through conciliation.

  • If conciliation does not work, the EEOC may file a lawsuit, or give the person who filed the charge permission to file a lawsuit.

If no discrimination occurred, the EEOC charge is dismissed.

  • The person who filed the charge can still file a lawsuit.

Color Discrimination

Discrimination against an applicant, employee, or former employee because of his or her:

  • Skin color
  • Pigmentation
  • Complexion
  • Skin shade or tone

Color discrimination can include unfavorable treatment because a person is married to or associated with a person of a certain color. It can also include a policy or practice that has a negative effect on employees of color and isn’t related to the job or necessary business operations.
Information about this employment protection is on the Equal Employment Opportunity is the Law (EEO is the Law) posting.

Compliance

Following a law or laws; conforming to the law’s requirements. Being in compliance with posting requirements involves posting the most recent mandatory version of a posting in a place where it is visible to employees.

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