Title VII Administrative Remedies

Question 1

How many days?

Answer 1

As a general matter, an employee must file a charge of discrimination within 300 days (if filing with a state agency–otherwise an employee must file with the EEOC within 180 days) of a discrete act of discrimination (such as being fired).

Question 2

Hostile work environment, how many days?

Answer 2

If the employee alleges a hostile work environment, at least one act that is part of the hostile work environment must fall within those 300 days; if other acts comprising the hostile work environment are outside the 300 days, but one is in, the employer can be liable for the entire claim.

National RR Passenger Corp v. Morgan

Question 3

When the investigation is finished, the EEOC will decide whether there’s reasonable cause to believe the employer violated Title VII. If the agency does not find reasonable cause…

Answer 3

…it will notify the parties and give the charging party a notice of right to sue.

-This notice indicates that the administrative process is complete, and the employee may now file a lawsuit.

-Notably, an employee may file suit even if the EEOC finds no reasonable cause

-Someone who receives a right-to-sue notice has 90 days to file suit

Question 4

If the EEOC does find reasonable cause…

Answer 4

…then it must attempt conciliation, which is an informal settlement of the charge.

If conciliation fails, then the EEOC may sue the employer, or it may decline to sue and give the charging party a right-to-sue notice

Question 5

Ledbetter v. Goodyear Tire

Answer 5

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