According to a recent Northern District of Illinois federal trial court ruling, the EEOC doesn’t have to give employers more than a modicum of information when it files a federal discrimination lawsuit.
Apparently, it’s enough to start a lawsuit with only general allegations that an employer “engaged in unlawful employment practices” and discriminated against a particular employee who is a member of a protected class by treating him or her differently than other employees. No concrete details are necessary.
The EEOC filed a discrimination lawsuit against McIntyre Group, generally alleging that the company treats black employees differently than white employees. The court said even a very general statement about alleged discrimination was enough to put employers on notice and allow them to begin preparing the case.
Final note: When facing an EEOC investigation, be sure to consult an attorney while the case is still pending before the EEOC. Your lawyer will be able to get to the bottom of the allegations early on, before the lawsuit is filed.
- Trust your fair policies: they'll prevail in court
- Handbook helps convince court to overturn discrimination decision
- Don't editorialize about merits of employee complaints
- Tell managers and supervisors: Absolutely no comments on pregnancy, parenthood allowed
- Applicant suing for failure-to-hire? Make sure she really did apply for the job