Legal Question in Disability Law in Ohio

Re: I was issued a right to sue by the EEOC

I believe you have 180 days to file suit against the alleged wrongdoer. The right to sue letter means that the feds found no probable violation of law. Check with your state equal opportunity agency as well.

Re: I was issued a right to sue by the EEOC

A right to sue letter means that the EEOC has chosen not to pursue an action and therefore allows the claimant to proceed. Just because the EEOC chooses not to proceed DOES NOT mean that there is no cause. It means only that the EEOC will not pursue the case.

In most instances only one claim can be brought in a case (think of it like the no double jeopardy rule in criminal law). In order to promote the rights of all employees all charges of employment discrimination must be brought to the attention of the EEOC. If the EEOC finds cause and believes there is an important point of law that needs to be made then the EEOC will take a case and prosecute it. If the EEOC does not believe it has the need to make a point, such as it is an established point of law, the violation is routine or the case is otherwise not a good choice the the EEOC will choose not to proceed and issues a right to sue letter.

The EEOC like every entity has a limited budget. Lawsuits cost time and money. The EEOC recieves more than one-hundred thousand claims a year. It finds cause in a certain percentage of those cases. The EEOC actually prosecutes only a small percentage of cases and leaves private litigation to pursue the much larger percentage.

In addition to the right to sue letter you should also have recieved an evaluation from the investigating agency. Sometimes this is a state agency contacted by you or assigned by the EEOC. The investigating agency would have termed the case either No Cause meaning that there was no cause of action, or would otherwise determine the facts that have been investigated.

You have a very limited amount of time in which to bring suit. You should speak with an attorney experienced in employment law to evaluate your claim and rights immediately. You may need to speak with more than one attorney to find one that will take your case or even provide an evaluation. As I said before, lawsuits are expensive and the legal fees are usually contingent on winning the case (often the employer must pay your lawyer). But if you do not win your case the lawyer often recieves nothing. Most lawyers need to weigh what cases they can take versus what cases they must pass on.

Good luck and regards,

Roger Traversa

Email: [email protected]

phone: 215.279.8940