Is it necessary to have a lawyer in order to get through the required EEOC (or SHAC, in SC) process prior to filing suit over violations of certain federal laws (i.e., the provisions of Title VII, ADEA, EPA, etc.)?
No - strictly speaking, it isn’t necessary. However, it is a good idea. Here’s why: the process is not aimed at getting the plaintiff-to-be compensated for his or her injury. It’s designed to give the EEOC/SHAC/other agency (in other states) an opportunity to decide whether or not to take the case. The chances of that happening are pretty slim - in the vast majority of cases, what’s called a “notice of right to sue” letter will be issued. All this letter means is that the employee is given the go-ahead to file suit. It carries no weight or determination as to the merits of the case. In fact, EEOC only has limited options - “right to sue” letter or take the case itself.
What kinds of cases does the agency take? Usually those of significant social import, those involving large numbers of wronged employees, and those of egregious facts. If your case doesn’t fall within those categories, don’t be discouraged. While having the EEOC or other similar agency spearhead your litigation for you certainly carries some benefits it also means you give up a certain amount of control. So there are advantages and disadvantages both ways.
Why is a lawyer a good idea? Because she or he can make the most of the process to your advantage. Remember, the process isn’t designed to benefit either party - it’s solely for the agency’s benefit. The lawyer’s role is to help you shape your argument and your statement of the facts, and present sufficient evidence to the agency to enable the agency (and the lawyer, acting on your behalf) to more fully develop the facts. Additionally, if mediation is offered and entered into by the employer, having a lawyer speak on your behalf can dramatically improve your chances of a reasonable settlement.
Consider retaining an experienced attorney who’s familiar with the process before you file your charge.
Filed In: 
RSS Feed
Valid XHTML
Design by:
Also, if an EEOC or SCHAC questionnaire is filled out incorrectly, it can SEVERELY hamper a lawsuit. It’s akin to a worker filing a Workers Comp Form 50. Sure anyone can fill in the blanks, but without the expertise of the law, an employee is likely to make a mistake or two.
Too often I’ve had clients try and resurrect problems which were not included on the EEOC charge.
Teaching the plaintiffs the role of EEOC and SCHAC is key.
What are the advantages/disadvantages of bypassing the eeoc altogether and going straight to litigation in a discrimination suit? Is the EEOC needed in the process at all and if so to what extent?
Thank you