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PHR · Question #170

Jan is the HR Professional for your organization. An employee within the organization has filed a charge with the EEOC that discrimination has been done by your organization against her. The EEOC has

The correct answer is C. Once the EEOC has found that there is no reasonable cause, the complainant can still file a. When the EEOC finds no reasonable cause, it issues a right-to-sue letter and the complainant retains the right to pursue litigation independently within a strict deadline.

Workforce Planning and Employment

Question

Jan is the HR Professional for your organization. An employee within the organization has filed a charge with the EEOC that discrimination has been done by your organization against her. The EEOC has investigated the case and has found that there is no reasonable cause against your company. The person filing the charge, however, still believes that discrimination has occurred. How long does this person have, to file a lawsuit against your company?

Options

  • AOnce the EEOC has found that there is no reasonable cause, the complainant cannot file a lawsuit
  • BOnce the EEOC has found that there is no reasonable cause, the complainant can still file a
  • COnce the EEOC has found that there is no reasonable cause, the complainant can still file a
  • DOnce the EEOC has found that there is no reasonable cause, the complainant can still file a

How the community answered

(31 responses)
  • A
    3% (1)
  • B
    3% (1)
  • C
    81% (25)
  • D
    13% (4)

Why each option

When the EEOC finds no reasonable cause, it issues a right-to-sue letter and the complainant retains the right to pursue litigation independently within a strict deadline.

AOnce the EEOC has found that there is no reasonable cause, the complainant cannot file a lawsuit

The EEOC's no-cause finding does not bar the complainant from filing suit; it simply closes the agency's involvement and triggers the 90-day window to file independently.

BOnce the EEOC has found that there is no reasonable cause, the complainant can still file a

This choice is incorrect because it states a timeframe other than the correct 90-day window established by Title VII for filing after receiving a right-to-sue notice.

COnce the EEOC has found that there is no reasonable cause, the complainant can still file aCorrect

Even when the EEOC determines there is no reasonable cause, the complainant receives a right-to-sue letter and has 90 days from receipt of that letter to file a civil lawsuit in federal court. This preserves the individual's right to seek judicial relief independent of the EEOC's finding, because the agency's determination is not binding on courts.

DOnce the EEOC has found that there is no reasonable cause, the complainant can still file a

This choice is incorrect because it states a timeframe other than the correct 90-day window, misrepresenting the statutory deadline under Title VII.

Concept tested: EEOC right-to-sue letter and 90-day filing deadline

Source: https://www.eeoc.gov/employees/lawsuit.cfm

Topics

#EEOC#right-to-sue letter#discrimination charge#filing deadline

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