Best Ohio Employment Discrimination Attorney Answer: How can I report my boss for discrimination? Should I file with the EEOC by myself or get a top race discrimination lawyer? What happens after I get a right to sue my employer for gender discrimination?
Frequently, our employment discrimination attorneys will get calls from employees after they have already filed a charge of discrimination or received a right to sue letter from the Equal Employment Opportunity Commission (“EEOC“). In the past, our employment discrimination lawyers have blogged about the potential negative consequences of trying to handle your claim with the EEOC without the aid of an experience employment discrimination attorneys (See Top Employment Law Attorney: Do Not File With The EEOC Without Doing This First!; Should I File With The EEOC On My Own? No, Get A Lawyer!; File With The EEOC Or Get A Lawyer?; Age Discrimination Plaintiffs Beware: Filing an EEOC Charge May Prevent You From Filing Your Age Discrimination Claim in Court!; and Should I Get A Lawyer To Help Me File An EEOC Charge?). This will serve as another cautionary tale against doing so.
In Tamera L. Cooper v. Corrections Corporation of America, Tamera brought various Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (“ADEA“), and Equal Pay Act (“EPA“) claims against her former employer as part of her filing with the EEOC. Title VII makes it unlawful for employers to discriminate against employees based on their race/color, religion, gender/sex, and national origin, The ADEA similarly prohibits bosses, managers, and supervisors from discriminating against employees that are over 40 years old based on their age. Both of these law make employers liable if the racist boss, sexist manager, or ageist supervisor discriminates in the hiring or promotion process or if wrongfully terminating the employee based on one of these protected classes. The EPA is an amendment to the Fair Labor Standards Act (“FLSA“), which ensures that employees are paid minimum wage and time and half for overtime hours. The EPA makes it illegal for companies to pay women less for doing same job as a man. In order to pursue these claims, an employee must first file a charge with the EEOC and get a right to sue letter. (Under Ohio’s antidiscrimination laws and wage laws, employees can file directly with in court without getting administrative approval).
In her EEOC charge filed prior to receiving her right to sue, Tamera did not specifically raise some claims that were made in the when her lawsuit was filed in United States District Court for the District of Colorado. Corrections Corporation of America filed a motion to dismiss claims not raised in the EEOC due to the Court’s lack of jurisdiction to hear the claims. Tamera responded by saying that in the online intake form and phone conversation she had with an EEOC investigator, she had mentioned all the claims that were asserted in the filing with the Court. Additionally, Tamera never even saw the charge until she received her right to sue letter. Because she had discussed the facts surrounding the claims, and wasn’t given an opportunity to correct anything missing from the charge, she thought her cause should not be dismissed because of the EEOC’s negligence in preparing her charge.
Unfortunately for Tamera, the Court did not agree with her reasoning. As part of its analysis, the Court looked to some of the prerequisites to filing Title VII and ADEA claims in federal court. One of those prerequisites is that prior to filing in federal court, the plaintiff must exhaust administrative remedies. The Court relied heavily on the decision from Green v. JP Morgan Chase Bank Nat. Ass’n, 501 Fed.Appx. 727, 731-32 (10th Cir. 2012) for its analysis. In particular, the Court cited the following in voicing its concerns over creating a slippery slope:
Permitting Title VII plaintiffs to routinely reach back to the contents of intake questionnaires to expand the scope of a subsequent lawsuit would, if not eviscerate, then at the very least significantly undermine the policies underlying the exhaustion requirement Congress decided to impose upon Title VII plaintiffs.
After this determination, the Court dismissed some of Tamera’s claims. This again shows why it is necessary to have a great employment discrimination attorney by your side to help you throughout the EEOC process. Failing to have one could mean that some of the discriminatory acts your employer committed will go unpunished.
If you are searching “I need a lawyer because I have been wrongfully fired or terminated;” or “I have been discriminated against based on my …” race, national origin, gender, age, religion or disability; or even think that you might need an employment lawyer, then it would be best to call the right attorney to schedule a free and confidential consultation at 866-797-6040. Spitz, The Employee’s Law Firm and its attorneys are experienced and dedicated to protecting employees’ rights and solving employment disputes.
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