AN EMPLOYMENT LAWYER WHO HANDLES EEOC CHARGES IN KANSAS |
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| Kansas employment law attorney representing Kansas employees in employment disputes concerning race, age and gender discrimination, disability issues, family medical leave, civil rights, due process, sexual harassment, wage and hour disputes, wrongful discharge and termination in Kansas City, Johnson County, Overland Park, Topeka, Wichita, and across the state of Kansas. Kansas employees who believe their employment rights have been violated should contact a competent Kansas employment rights attorney who knows federal and Kansas law. |
THE EEOC: Equal Employment Opportunity Commission
| The Equal Employment Opportunity Commission is the federal agency that is charged with the enforcement of the nation's employment discrimination laws. For Kansas employees, the local office of the EEOC is in Kansas City, Kansas. The address is Gateway Tower II, 4th and State Avenue, 9th floor, Kansas City, Kansas 66101. The phone number is 913-551-5655, or 1-800-669-4000. In almost all cases of employment discrimination, a Kansas employee must file a charge of discrimination with the EEOC in order to enforce his employment law rights. This process begins by either contacting the Equal Employment Opportunity Commission yourself or by obtaining a lawyer to help you. Although it is not necessary to have a lawyer to file a charge, this process is extremely important to your employment rights and a competent Kansas employment attorney can ensure that your rights are fully protected in this important process. In most cases, you cannot ever go to court unless you have first filed a charge of discrimination with the EEOC. The EEOC investigates charges of discrimination under Title VII of the Civil Rights Act of 1964 which prohibits discrimination on the basis of gender, race, color, national origin, ethnic background, and religion. It also investigates cases under the Age Discrimination in Employment Act and the Americans With Disabilities Act. If your claim involves the federal Family Medical Leave Act or the Fair Labor Standards Act, you do not need to file a charge with the EEOC. The Equal Employment Opportunity Commission and the Charge Filing Process: If you are a Kansas employee and you think your employment rights have been violated, you must file a charge of discrimination with the EEOC within 300 days of the date that the discrimination occurred. The EEOC must then be given up to 180 days to investigate the charge. The charge form for the EEOC must be filled out correctly in order to protect your legal rights. You must check the appropriate boxes for the type of discrimination you allege, including any claim that you have been retaliated against. If you file your charge with the EEOC, it will send a copy of your charge to the Kansas Human Rights Commission, but you will need to file separately with the KHRC if you think you will want to sue under state laws. Once you file your charge, the EEOC will initially decide if your case should first be investigated or if it should be sent to mediation. Usually, if your attorney has filed the charge on your behalf, your charge will be sent to mediation to try to get an early resolution to your problem. This is important because the investigation process can often take several months to complete and you cannot go to court until you go through this process. |
| Michael M. Shultz An employment attorney 913-385-9955 |
The EEOC Mediation Program:
After you file a charge of discrimination with the EEOC,
your case will often be sent straight into mediation. The
EEOC has employees who are specially trained to
mediate employment discrimination cases.
In the typical mediation, the employee and his or her
attorney meet with the employer and its attorney and the
EEOC mediator. This usually will occur within about two
months after the charge of discrimination is filed.
At the mediation of your charge of discrimination, the
mediator will usually have a joint meeting of all parties in
which the attorneys for the parties will make brief
opening statements. These statements can be important
because each side might not know a lot about the other
side's position.
After this opening session, the EEOC mediator will
usually go back and forth between the parties and try to
get them to come to an agreement on a settlement of the
dispute. The most important element in this process is
that it is confidential. Nothing that is said can be used
against either party later.
After you file a charge of discrimination with the EEOC,
your case will often be sent straight into mediation. The
EEOC has employees who are specially trained to
mediate employment discrimination cases.
In the typical mediation, the employee and his or her
attorney meet with the employer and its attorney and the
EEOC mediator. This usually will occur within about two
months after the charge of discrimination is filed.
At the mediation of your charge of discrimination, the
mediator will usually have a joint meeting of all parties in
which the attorneys for the parties will make brief
opening statements. These statements can be important
because each side might not know a lot about the other
side's position.
After this opening session, the EEOC mediator will
usually go back and forth between the parties and try to
get them to come to an agreement on a settlement of the
dispute. The most important element in this process is
that it is confidential. Nothing that is said can be used
against either party later.
How to Assist With Your EEOC Charge
Here are some important guidelines for filing your complaint of discrimination with the
EEOC.
First, when you first begin to experience discrimination, start a journal of what is
happening in the work place so you can share those notes with the EEOC. Make sure
you are ACCURATE in what you write down. Be sure to include dates, who did what to
whom and the names of witnesses.
Second, when you receive an EEOC questionnaire, make sure you fill out all relevant
parts of the questionnaire so your case does not get slowed down. Honestly, this is a
good time to consider a lawyer. Unless you hire a lawyer, you will almost always have
to file a questionnaire before you file your charge.
Third, if the EEOC investigator fills out the EEOC's charge of discrimination, which is a
one page form, read over it carefully and make sure that all boxes that identify the
different types of discrimination are marked if you think they apply to you. Also, if you
think you were retaliated against if you complained about discrimination at work, be
sure to tell the EEOC investigator and make sure to check that box.
Four, if you have your journal, be sure to share that with the EEOC, but always keep a
copy for yourself. You also might want to make a separate list of witnesses, giving
names, addresses, phone numbers and a summary of what the witness might know.
This will really help the EEOC investigator. Also make sure to keep a copy of this list.
Five, unless you are a lawyer or have gotten help from a friend with a lot of knowledge
about the employment laws and the EEOC process, you should again consider the use
of a lawyer. Your employment rights are very important, and an employment lawyer is
the best person to help you protect those rights when you take your complaint to the
EEOC.
Here are some important guidelines for filing your complaint of discrimination with the
EEOC.
First, when you first begin to experience discrimination, start a journal of what is
happening in the work place so you can share those notes with the EEOC. Make sure
you are ACCURATE in what you write down. Be sure to include dates, who did what to
whom and the names of witnesses.
Second, when you receive an EEOC questionnaire, make sure you fill out all relevant
parts of the questionnaire so your case does not get slowed down. Honestly, this is a
good time to consider a lawyer. Unless you hire a lawyer, you will almost always have
to file a questionnaire before you file your charge.
Third, if the EEOC investigator fills out the EEOC's charge of discrimination, which is a
one page form, read over it carefully and make sure that all boxes that identify the
different types of discrimination are marked if you think they apply to you. Also, if you
think you were retaliated against if you complained about discrimination at work, be
sure to tell the EEOC investigator and make sure to check that box.
Four, if you have your journal, be sure to share that with the EEOC, but always keep a
copy for yourself. You also might want to make a separate list of witnesses, giving
names, addresses, phone numbers and a summary of what the witness might know.
This will really help the EEOC investigator. Also make sure to keep a copy of this list.
Five, unless you are a lawyer or have gotten help from a friend with a lot of knowledge
about the employment laws and the EEOC process, you should again consider the use
of a lawyer. Your employment rights are very important, and an employment lawyer is
the best person to help you protect those rights when you take your complaint to the
EEOC.