Formal Charge of Discrimination

• A charge of discrimination is often the first step in an employee's formal complaint of discrimination. The U.S. Equal Employment Opportunity Commission intake section receives the complaint, notifies the employer of the official charge and moves forward to investigate the allegations of discrimination. Employers accused of discriminatory employment practices receive a Notice of Charge from the regional or district EEOC office. The employee ultimately receives what's called a Right to Sue letter from EEOC, advising him to proceed with legal representation for the discrimination lawsuit.
  
  

Litigation Process

• The litigation process generally begins with an attempt to resolve allegations concerning discriminatory employment practices through alternative dispute resolution. ADR can include a court-appointed mediator or a mediation process to which your lawyers and opposing counsel mutually agree. This type of resolution can save time, expense and resources. However, an employer has the right to vigorously defend the allegations and proceed to trial.
  
  

Courtroom Trial

• Your organization's lawyers will lead the effort in defending your business against a discrimination lawsuit. If your decision is to proceed to trial, your lawyer will provide guidance in preparing evidence, documentation and witness testimony to defend your position. A discrimination lawsuit can involve several witnesses, extensive document production and exhibits, and time spent away from the office participating in trial.