PC World tells readers how to file EEOC Charge
Meridith Levinson published an article in PCWORLD on April 30 entitled "How to File an EEOC Employment Discrimination Charge: Many tech professionals over 40 have tales of how age discrimination is rampant in the field." The article discusses the belief in the IT world that once you are over 40, age discrimination is common. She notes that many people dye their hair, male and female alike, leave dates of graduation off resumes and work experience that may "date them" to be over 40. The article sets forth EEOC statistics from 2010 showing that the EEOC processed nearly 100,000 discrimination and retaliation charges, filed 271 suits and resolved 315 suits and won $85.1 million on behalf of "victims of discrimination". Remedies under the Age Discrimination in Employment Act include reinstatement to their position as if there had been no discrimination, including back pay and benefits, double damages if there was a willful violation and attorney's fees. Ms. Levinson goes on to detail how to file a charge, emphasizing how easy it is to do and that a charging party does not need an attorney to file a charge. She points out that there is an intake form consisting of 4 pages, which can be done at the EEOC office or printed from the EEOC's website. Once the form is completed, it is provided to the EEOC, either in person or by mail. The article goes on to talk about what happens next: the employer is notified by the EEOC and is asked to respond, mediation may take place, and if unsuccessful, the EEOC will investigate the charge. If the EEOC determines that there may be a violation, they will either issue a right to sue letter, or in a small percentage of cases, file a lawsuit in the EEOC's name on behalf of the aggrieved person.
Practice pointer. This article is an excellent description of how the EEOC process is started, and how the charge is handled by the EEOC. It is interesting to me that this article is directed at a very focused group: IT workers over 40. I would not be surprised to see an uptick in ADEA claims being filed in this industry based on this article.
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