Nashville EEOC Lawyer
In Tennessee, employers have a duty to treat their employees with dignity and respect. Discrimination undermines that sense of safety, causing workers undue stress, pain, and financial strain. If this happened to you, don’t lose hope — you have rights under state and federal laws.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing anti-discrimination laws, and Tennessee follows its procedures for filing and investigating workplace complaints. If you believe you are the victim of workplace discrimination in Nashville, an experienced attorney can help you understand your rights and the process for filing an EEOC discrimination charge.
At the Employment and Commerce Law Group, we stand up for Nashville workers who have been harmed by their employer’s discrimination, harassment, and retaliation. Our team of hard-hitting EEOC attorneys has a successful history of recovering compensation for hardworking Tennesseans in all manner of employment law claims, including $300,000 for one worker in a Title VII discrimination case.
Call our law firm today to schedule a free consultation with a Nashville EEOC lawyer.
Overview of the EEOC and What It Does
The EEOC was created by the Civil Rights Act of 1964 to enforce civil rights laws that protect people from workplace discrimination. The Civil Rights Act outlines the EEOC’s primary functions, which include:
- Investigating discrimination complaints
- Providing oversight and guidance for equal employment practices
- Conducting outreach and education programs
- Investigating complaints based on race, color, national origin, age, sex (including pregnancy, sexual orientation, and gender identity), religion, disability, and genetic information
- Mediating and settling complaints
- Filing discrimination lawsuits in certain situations
Key takeaway: The EEOC can mediate, investigate, and determine whether discrimination has occurred. If they agree with your charge, it will provide you with a Notice of Right to Sue, giving you the right to file a Nashville discrimination lawsuit.
What Qualifies for an EEOC Claim?
You may be entitled to file a claim with the EEOC if you experienced discrimination based on one or more federally protected characteristics, including race, color, religion, sex, national origin, age, disability, or genetic information.
Discrimination may be evident in numerous workplace circumstances. Possible examples include:
- Discriminatory hiring practices
- Unequal pay for the same work
- Harassment
- Being passed over for a promotion over someone with less experience or fewer qualifications than you
- Failure to provide reasonable accommodations for a worker’s religious beliefs
- Wrongful termination
- Adverse actions like discipline or retaliation
An EEOC discrimination lawyer can discuss the conduct you’ve experienced and advise you on your eligibility to file a discrimination charge, as well as guide you on potential next steps.
Criteria for Filing an EEOC Charge in Tennessee
Your ability to file an EEOC charge depends on several factors, not just whether you are the victim of discrimination.
Employer size is one factor:
- 1-14 employees: Employers must provide equal pay for equal work to male and female employees. Most other anti-discrimination laws, including Title VII, do not apply, so EEOC claims cannot be filed against these employers.
- 15-19 employees: Employers are governed by laws prohibiting discrimination based on race, color, religion, sex, national origin, disability, and genetic information, as well as the Equal Pay Act. Age discrimination under the Age Discrimination and Employment Act of 1967 (ADEA) does not apply here.
- 20 or more employees: Employers are subject to laws prohibiting discrimination based on race, color, religion, sex, national origin, age (40 or older), disability, and genetic information, as well as laws providing equal pay for equal work.
The type of employee also matters. For example, independent contractors are not covered by anti-discrimination laws. However, an employee who has been misclassified as an independent contractor may have grounds to file an EEOC discrimination charge. Understanding employee classification rules can be complicated, so check with a Nashville employment attorney if you have questions about your status.
Deadlines to File an EEOC Complaint
In Tennessee, employees generally have 180 days from the date of discrimination to file an EEOC complaint. At the state level, complaints are filed with the Tennessee Division of Civil Rights Enforcement (CRED). At the federal level, the EEOC also enforces a 180-day deadline, though in some circumstances this may be extended to 300 days. Recent changes in Tennessee law have made it unclear whether the 300-day deadline currently applies, so it’s important to consult our EEOC complaint lawyers to determine the deadline for your situation.
Steps in the EEOC Process
The EEOC process can vary depending on whether you work for the federal government or a private employer, but most Nashville employees experience steps like these:
- Initial contact or counseling
- Federal employees must contact an EEO counselor within 45 days of the discriminatory act.
- Private-sector employees may report the issue internally, though this is optional.
- Filing a Charge of Discrimination
- Private-sector employees typically begin the process by filing a charge with the EEOC.
- Federal employees file a formal complaint after completing counseling.
- Mediation (optional)
- The EEOC may offer voluntary mediation to help resolve the dispute before an investigation.
- Investigation
- The EEOC gathers evidence, interviews witnesses, and requests a position statement from the employer.
- You may submit additional information or a rebuttal.
- Determination
- The EEOC decides whether there is reasonable cause to believe discrimination occurred.
- Conciliation
- If reasonable cause is found, the EEOC attempts to resolve the issue through settlement discussions.
- Right-to-Sue Letter
- If conciliation fails or no reasonable cause is found, the EEOC issues a Notice of Right to Sue, allowing you to file a lawsuit in court.
When an EEOC Charge Becomes a Discrimination Lawsuit
Once you have the Notice of Right to Sue, you can file your lawsuit within 90 days. This notice is required before you can pursue most federal discrimination claims, and it allows you to file your case in federal and state courts.
Through a discrimination lawsuit, you may be able to recover:
- Back pay
- Front pay
- Compensatory damages
- Punitive damages
- Reinstatement or job placement
- Injunctive relief to prevent the employer from continuing discriminatory practices
- Attorneys’ fees and costs
Why Work With an EEOC Lawyer in Nashville?
Many people question whether they truly experienced discrimination at work. Many more are scared that taking legal action could have negative repercussions. Consulting an experienced employment attorney can help put those fears to rest.
It’s true that not every act meets the legal definition of discrimination, and feeling concerned about the potential ramifications of filing a complaint is valid. At the Employment and Commerce Law Group, we’re here to listen, assess your situation, and outline your options.
When you work with our employment lawyers, we will:
- Determine whether you have a valid claim
- Advise you about the Nashville EEOC claims process and the timing of your claim
- Properly frame your EEOC charge
- Strategically gather evidence and documentation
- Protect you against retaliation
- Guide you on how to communicate effectively to protect your rights if litigation becomes necessary
Speak With a Nashville EEOC Lawyer Today
The Employment and Commerce Law Group has successfully represented Tennessee workers in disputes over a broad range of unlawful employment practices for decades. Let us fight for you. Contact us now for a free initial consultation with a Nashville employment discrimination lawyer.
