Charges of Discrimination Before the EEOC and Missouri Commission on Human Rights

Attorney Kevin J. Dolley represents employers in appropriately responding to charges of discrimination and employees in filing and pursuing charges of discrimination.  Mr. Dolley's experience in employment discrimination law includes winning adoption before the Missouri Supreme Court of the most recent discrimination standards for Missouri.  Mr. Dolley's vast experience in discrimination law before such agencies as the EEOC and Missouri Commission on Human Rights has proved invaluable in successful representation of employers and employees.  An employer that receives notice of a charge of discrimination filed by an employee is encouraged to contact Mr. Dolley directly to discuss the situation and to determine the appropriate response.  The administrative agency commonly requests that the employer provide its position as to the allegations. 

If an employee in Missouri believes that he or she has been discriminated against by an employer, the employee has the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Missouri Commission on Human Rights.  An employee typically must first file a charge with one of these agencies.

Filing a Charge of Discrimination

The EEOC and Missouri Commission on Human Rights require that an employee file a charge of discrimination within a limited period of time.  The charge of discrimination is commonly “dual filed” at the same time with the EEOC and Missouri Commission on Human Rights.

The charge of discrimination may set out the basis of the claim and factual and legal grounds upon which the claim is based.  Legal counsel may be hired to aid in the filing of a charge of discrimination and to defend against the allegations.  

The Investigation Process before the EEOC and Missouri Commission on Human Rights

Following the initiation of a charge of discrimination, the EEOC or Missouri Commission on Human Rights will conduct an investigation into the charge of discrimination.  This process likely includes an investigator meeting or interviewing the employee to determine the nature of the claim and for the employee to provide details, facts and information relating to the claim.  The employee may also provide the names of potential witnesses and provide information regarding the individuals allegedly involved in the discriminatory acts at issue.  While the employee is providing his evidence to the agency, the employer benefits from timely retaining legal counsel and beginning the investigative process into the substance of the complaint.   

The Employer's Position Statement

The employer is often asked to provide a position statement to the EEOC or Missouri Commission on Human Rights providing the basis for the employer’s actions in response to the charge of discrimination.  The position statement is important to establish the employer’s position as to the issues in the case and the nature of its business.  This process may require further investigation by legal counsel into the allegations of discrimination in order to fully understand all of the facts and circumstances that surround the charge of discrimination.  Legal counsel is often employed to fully and accurately articulate the employer's position and possibly further investigate the alleged allegations made by the employee.    

Once the employer provides a position statement, further investigation and possible meeting between the parties may occur.  The EEOC and Missouri Commission on Human Rights often provide mediation services to aid in possibly resolving discrimination claims at the administrative level.  These agencies do not require an employee or employer to utilize their mediation services.  Determination of whether mediation is in a party’s best interests depends on the facts and circumstances of each particular case.

Contact our Labor and Employment Law Firm

For an employer charged with discrimination or retaliation or an employee to set up a consultation with the Firm, please contact the Law Offices of Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com.  All legal consultations are held strictly confidential.  For experienced legal counsel in labor law, employment law and business law matters, please contact the Law Offices of Kevin J. Dolley.