Legal Question in Discrimination Law in Maryland

Filing with eeoc

I am concerned that if i file

paperwork for discrimination that my boss will fire me. My union feels that me being the only female in the office that

i have no other choice but to file charges and if i do not file the boss is setting me up to fire me. This is a serious matter and i need to know i am doing the right thing


Asked on 2/11/07, 8:10 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Filing with eeoc

Filing a complaint with the EEOC, or

any other agency to complain about a violation of your rights, gives you additional protection against retaliation for exercising those rights. Most State and Federal anti-discrimination statutes have this protection built in to them. The US Supreme Court came down with the Burlington Northern Sante Fe RR case last year that expressly extended Title VII's retaliation coverage.

I practice this type of law in NY and Federal Court; while it is not unheard of for people to get fired for filing, if it does happen, you report it, file another complaint with the EEOC. The sooner in time to the filing of the initial complaint there is retaliation, the more likely that you will receive a finding of probable cause, or have the EEOC commence an action on your behalf.

The biggest problem with filing is not so much retaliation, but that the

investigation takes so long to reach a conclusion.

Many attorneys, depending on the circumstances, recommend that their clients wait a reasonable period and then ask the EEOC for a "right to sue letter."

Good Luck.

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Answered on 2/16/07, 12:46 am
Paula McGill Attorney at Law

Re: Filing with eeoc

There are laws to protect employees against retalitation for filing a complaint with the EEOC. At the same time, there are time limits for filing your charge with the company. You should mindful of those deadlines.

You should go on the EEOC's website to obtain additional information about the process and your rights. Also, a consultation with an attorney may also be of assistance before going to the EEOC.

Offices in Baltimore, Maryland and Georgia.

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Answered on 2/13/07, 2:09 pm


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