What Is an EEOC Right-to-Sue Letter in Tennessee?
Both Tennessee and federal laws allow employees who have suffered discrimination or harassment at work to file a claim for compensation or other relief. In most circumstances, workers must first file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC generally may issue a right-to-sue letter after investigating a charge, dismissing it, or upon the petitioner’s request.
An EEOC right-to-sue letter authorizes the individual to file a federal lawsuit to pursue their employment discrimination claim.
What Is a Right-to-Sue Letter?
A person who claims that an employer or prospective employer has discriminated against them in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), or the Genetic Information Nondiscrimination Act (GINA) generally must first file a charge with the EEOC.
The EEOC will generally investigate the claim and, if it decides not to take action against the accused employer, will issue a right-to-sue letter. A right-to-sue letter allows a person with a federal employment discrimination claim to file a lawsuit in federal court.
Do Tennessee Employees Need a Right-to-Sue Letter Before Filing a Lawsuit?
Tennesseans who experience certain types of discrimination at work must obtain a right-to-sue letter if filing a charge under Title VII, the ADA, or GINA.
Types of workplace discrimination that require a right-to-sue letter include:
- Race/color
- National origin
- Religion
- Sex (including sexual orientation and gender identity)
- Pregnancy
- Age (over 40)
- Disability
- Genetic information
Employees may optionally obtain a right-to-sue letter to pursue a claim under the Equal Pay Act of 1963. However, they do not need a right-to-sue letter for claims under the Age Discrimination in Employment Act, which has different filing requirements and procedures.
Additionally, a right-to-sue letter is unnecessary for claims involving the Family and Medical Leave Act or the Fair Labor Standards Act. Claimants also generally do not need a right-to-sue letter from the Civil Rights Enforcement Division (CRED) within the Tennessee Attorney General’s Office to file suit under state law.
What Happens After Receiving a Right-to-Sue Letter?
When a person with an employment discrimination claim receives a right-to-sue letter from the EEOC, they must take certain steps before filing a discrimination lawsuit against their employer:
Review the 90-Day Deadline
The EEOC right-to-sue letter time limit requires an individual to file their employment discrimination lawsuit in federal court within 90 days of receiving the letter. A person who receives their notice of right to sue should mark the deadline in their calendar to ensure they do not file an untimely lawsuit.
Gather Key Evidence
Before proceeding with a lawsuit, workers should gather and organize evidence supporting their claim. Having key evidence at hand can help build a compelling narrative in the complaint filed in court.
Speak With an Employment Lawyer Quickly
Having legal representation can be a valuable asset when preparing a Tennessee workplace discrimination case for court. Employment claims are highly sensitive legal matters, and a 90-day statute of limitations gives workers little time to gather information to present a strong case. An experienced workplace discrimination lawyer can collect and organize pertinent information, present your case in court, and address any challenges that may arise in the legal process.
Talk to an Employment Attorney Before Your Right-to-Sue Deadline Expires
Taking action against an employer for discriminatory actions can feel uncomfortable and intimidating. Having a Tennessee workplace attorney review your case, assist with filing the discrimination complaint, and discuss your next steps after receiving a right-to-sue letter can protect your rights and relieve the stress you may be experiencing.
If you believe you are the victim of discrimination at work, contact Employment and Commerce Law Group today for a free case evaluation. Based in Nashville, our lawyers help clients statewide understand their legal rights and options under the law.
