what is the difference between regional attorney and staff attorney at the eeoc?

What does EEOC stand for?

This Equal Employment Opportunity Commission (EEOC or Commission) Regional Attorneys' Manual supercedes the Regional Attorneys' Deskbook issued in 1990 and revised in 1992. The Manual is in four parts.

What is the difference between the DFEH and EEOC?

The DFEH is a California-based agency charged with enforcing various California civil rights laws. In the employment context, those laws are most notably the Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA). The EEOC tackles the enforcement of federal laws against employment discrimination.

Do you have to go to court to file an EEOC claim?

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

Are there any laws that are different from the EEOC?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC.

What are the chances of winning an EEOC case?

Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.

Are EEOC settlements confidential?

Except as may be required under compulsion of law, the parties agree that they shall keep the terms, amount, and fact of settlement strictly confidential and promise that neither they nor their representatives will disclose, either directly or indirectly, any information concerning this settlement (or the fact of ...

How does EEOC settlement work?

Settlement is an informal process. The goal of settlement is to reach an agreement that is satisfactory to all parties. There is no admission of liability. If the parties, including EEOC, reach a voluntary agreement, the charge will be dismissed.

Does the EEOC have the power to sue?

In most cases, the EEOC can file a lawsuit to enforce the law only after it investigates and makes a finding that there is reasonable cause to believe that discrimination has occurred, and is unable to resolve the matter through a process called "conciliation." The EEOC has discretion which charges to litigate if ...

What is the typical EEOC mediation settlement amount?

around $40,000In terms of a typical amount for EEOC mediation settlements, an average out of court settlement is around $40,000. However, about ten percent of employment discrimination and wrongful termination cases result in a $1 million dollar settlement.

Are employers afraid of the EEOC?

Often employers will feel confused, angry, or afraid upon receiving the EEOC complaint. While it seems like there is no upside to being investigated by a federal agency, the first stage of the process is simply an investigation.

What happens when the EEOC determines that an employer is guilty?

If the EEOC determines that there is reasonable cause to believe that discrimination occurred, a written determination and invitation to enter into conciliation discussions are issued to the parties. If conciliation efforts are not successful, the EEOC and/or the charging party may bring suit.

Is a settlement from EEOC taxable?

As a general rule, nearly all settlement payments in an employment lawsuit are included in the plaintiff's taxable income. This includes payments for back pay, front pay, emotional distress damages, punitive and liquidated damages, and interest awarded.

How long does it take for the EEOC to make a decision?

On average, we take approximately 10 months to investigate a charge. We are often able to settle a charge faster through mediation (usually in less than 3 months). You can check the status of your charge by using EEOC's Online Charge Status System.

What does it mean when EEOC gives you the right to sue?

When the EEOC issues a right to sue letter, they are saying “we have done all we can do, now you can file a lawsuit if you want to.” A right to sue letter gives you permission to file suit in federal court. In fact, you need a right to sue letter in order to file most kinds of employment discrimination cases.

What questions are illegal in an EEOC interview?

Before a job offer has been made, you can't ask questions about an applicant's disability or questions that are likely to reveal whether an applicant has a disability....4. What can't I ask when hiring?Do you have a disability?What medications are you currently taking?Have you filed any workers' compensation claims?

How do you win an EEOC discrimination case?

How to Win an EEOC Complaint: What You Need to KnowHire a Qualified Attorney. EEOC complaints do not necessarily have to result in court cases. ... Maintain Composure. Mediators handle sensitive issues. ... Prepare Relevant Documentation. ... Consider Reaching Out to Coworkers. ... Be as Professional as Possible.

Are EEOC conciliation agreements confidential?

EEOC conciliation agreements are confidential as a matter of law and EEOC policy – except where the employer agrees to some measure of publicity.

Is an EEOC settlement taxable?

Yes, settlements for employment discrimination are considered taxable.

How much is a hostile work environment settlement?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.

How much is a racial discrimination lawsuit worth?

The EEOC says that out-of-court settlements for discrimination average around $40,000. Only a tiny percentage of cases get a payout of over a million dollars.

Why is it important to know the difference between EEOC and private attorney?

This is often an important difference because the type and amount of compensation available to a victim if often different under state law.

What is the EEOC?

The EEOC is a federal agency that is responsible for investigating and enforcing federal employment discrimination laws. The EEOC also works to prevent employment discrimination through education and training programs for employers.

How many employees are subject to the EEOC?

Most companies with 15 or more employees are subject to the federal EEOC anti-discrimination laws. An employee who believes that he or she has been the victim of a prohibited form of discrimination may file a complaint with the EEOC.

Does EEOC require a complaint?

Second, a complaint filed with the EEOC is required to follow a number of procedural steps that are not necessary when a private attorney is involved. In practical terms, this frequently means that a case will move along much faster when a private attorney is involved.

Does the EEOC have to file a lawsuit against an employer?

Finally, the EEOC is not required to file a lawsuit against an employer even if the investigation shows that the employer engaged in illegal discriminatory practices. The EEOC makes the decision whether or not to file a lawsuit. When you are represented by a private attorney, you and your attorney make that decision.

What is the EEOC?

The EEOC enforces the Age Discrimination in Employment Act of 1967 (ADEA), Titles I and V of the Americans with Disabilities Act of 1990 (ADA), the Equal Pay Act of 1963 (EPA), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC’s Web site, http://www.eeoc.gov/, has the text of these statutes (http://www.eeoc.gov/abouteeo/overview_laws.html) as well as summary information on the groups and types of discriminatory practices covered by the statutes.

Where is the EEOC compliance manual?

New sections of the EEOC’s Compliance Manual are available at http://www.eeoc.gov/policy/compliance. html. Text of memoranda of understanding entered into between EEOC and other agencies (including the Department of Labor, the Department of Justice, the National Association of Attorneys General, and the National Labor Relations Board) regarding various EEO issues are available at http://www.eeoc.gov/policy/mou.html.

What is monetary relief for EEOC?

The monetary relief may include what are known as "nonpecuniary compensatory damages." These are damages for intangible injuries such as emotional distress, mental anguish, inconvenience, and similar harm suffered by a victim of discrimination. The monetary relief an individual may be awarded for such intangible injuries may not exceed a specified amount that depends on the number of people employed by the defendant. When the EEOC files a lawsuit, EEOC attorneys, in consultation with the individuals for whom the agency will be seeking relief, will determine whether these individuals have claims for nonpecuniary compensatory damages under appropriate legal standards, and if so, whether such damages should be sought from defendant. The EEOC will seek these damages on behalf of an individual only if he or she agrees that EEOC may do so. There are a number of issues which you, as an individual harmed by defendant’s discriminatory conduct, should carefully consider before deciding whether to ask the EEOC to seek nonpecuniary compensatory damages on your behalf. First, the EEOC will have to be able to prove at trial that you suffered the injuries for which the damages are sought. This means that you must be prepared to testify in great detail at a deposition,*and possibly before a judge and jury, about the injuries you suffered. These injuries may, in some instances, relate to highly personal and private matters. For example, defendant's unlawful discrimination may have caused marital problems between you and your spouse, or you may have sought counseling or medical treatment for emotional problems caused by the discrimination. While the EEOC trial attorney will object to improper questions, procedural rules generally permit the defendant to ask very detailed questions concerning the damages claim. Some

Do regional attorneys have to get approval from the general counsel?

Regional Attorneys must receive approval from the General Counsel before filing suit in state court, even if the case is otherwise within the Regional Attorney’s redelegated litigation authority .

An Attorney Can Guide You Through The EEOC Process

Hiring an attorney in New York is not necessary to file a complaint with the EEOC. However, you owe it to yourself to at least talk to employment lawyers in NYC for advice. They may be able to identify certain aspects of your case that you aren’t aware of to potentially make your case stronger.

You Have More Control With An Attorney

When you file a claim directly with the EEOC, you are at their mercy as far as how quickly your case moves forward. And, in most cases, the EEOC won’t negotiate and fight for you nearly as much as an attorney in New York would.

How long do you have to file an appeal against an EEOC decision?

You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision) The EEOC may also opt not to pursue your complaint and issue a "Notice of Right to Sue.". If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within ...

What laws do not require you to exhaust your administrative remedies before heading to court?

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

Can an attorney negotiate with an employer about a job discrimination claim?

Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all. It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC. Whether your goal is to resolve the case quietly, make the most of your EEOC complaint, ...

Does the EEOC have civil rights?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC. In those cases, you and your employment discrimination attorney can discuss whether to file in the state system, the federal system, ...

Do you have to go to the EEOC for discrimination?

Most Job Discrimination Claims Must Go To EEOC First. If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit.

What is the EEOC?

The EEOC tackles the enforcement of federal laws against employment discrimination. These include Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA) and the Genetic Information Nondiscrimination Act (GINA).

What is the function of the EEOC and DFEH?

Both the EEOC and the DFEH have limited resources, so one of the primary functions of both agencies is to issue “right-to-sue” letters. Receipt of one of these notices satisfies the “administrative exhaustion” rule and gives the claimant the go-ahead to file a civil lawsuit.

How many employees can be in a DFEH claim?

The DFEH employee thresholds are generally easier to meet; there need only be one employee for harassment claims, and five or more for discrimination claims.

How many employees are required to be on CFRA?

CFRA primarily applies to employers with more than fifty employees. CFRA establishes sexual harassment training requirements and provides job-protected leave for childbirth, adoption or fostering of a child, for an employee’s own serious health condition, and for serious health conditions of an employee’s spouse or immediate family member. If an employer has at least five employees, CFRA requires up to four months of protected leave for childbirth or pregnancy-related disabilities or medical conditions.

How long does it take to file a harassment complaint?

But a federal employee filing a harassment claim with the EEOC is on a much shorter timeframe: they must file within 45 days of the harassing conduct. Note that regardless of these general guidelines, many governmental agencies (including all federal agencies) require that an employee preserve their rights by contacting an Equal Employment Opportunity (EEO) counselor to start the complaint process within 45 days of the alleged discriminatory event.

What is a FEHA employer?

Under FEHA, the “employer” can be a public or private entity, a labor organization, or an employment agency. CFRA primarily applies to employers with more than fifty employees.

What is the cap on emotional distress damages?

Both compensatory and punitive damages are also available under FEHA, though there is a $150,000 cap for emotional distress damages. A FEHC ruling may also award expert witness fees and reasonable attorney fees to the prevailing party, though this is largely discretionary; FEHC will not usually order a losing plaintiff to pay the employer’s attorney fees and costs. This is similar with the EEOC, which will never require that a plaintiff pay for the attorney fees and costs. If either agency sues on your behalf and does not prevail in litigation, the respective agency covers all of the costs of the suit. Note that these limits on damages do not apply to private lawsuits, which is another reason why it may behoove someone with strong discrimination or harassment claims to call a firm like the California Civil Rights Law Group to retain an attorney.

What is a staff attorney?

In contrast, the staff attorney position is one that is not partnership track and typically is a “back office” position. Many clients will only know there’s a staff attorney on a case from reviewing their monthly bills, as staff attorneys tend to interact only with partners/associates, and not with clients.

Why are staff attorneys important?

Staff attorneys have to work for senior attorneys and have less chance of career prospects in the future and paid on an hourly basis.

Why do biglaw firms charge premium rates?

Second, one of the main reasons why BigLaw firms are able to charge premium rates is the market perception (not always accurate, but still there) that such firms are “the best” and are better than firms charging lower rates (“if this is so expensive, it must be good!”). This leads to very conservative hiring practices in BigLaw; firms want people from the best schools with flawless resumes to further the perception that they have “the best” lawyers, and again, because there are far more lawyers than positions available, top firms can fill positions without having to take risks on people who don’t check all their boxes. This means that things like being laid off—even if not the lawyer’s fault—can sometimes put a lawyer in the back of the line in the job interview process.

What is a lawyer doing doc review?

A lawyer who is doing doc review or working at a firm that handles low-rent work (1) isn’t developing the skills that most BigLaw firms want and (2) isn’t forming relationships that are likely to lead to business that is profitable for a BigLaw firm.

What is associate law?

An associate is essentially what most people are intending to achieve when they attend law school. An associate is on a “partnership-track position”, meaning that it is feasible for them to become firm partners within a decade or so. A staff attorney is a more stagnant position, more importantly, it is not a partnership-track position, in that you will never become a partner via this role.

Do staff attorneys have to bill hours?

I think the staff attorney is not required to bill as many hours as an associate. Once you become a partner you are part owner of the firm and the salary structure is different - based partially or totally on profits, depending on the firm.

Can a company hire an employee overseas?

A company based in the U.S. will have a few options in front of them when deciding to hire an employee overseas. The first option is to set up a foreign entity in that specific cou(Continue reading)

What does a staff attorney do?

Staff attorneys in law firms mainly do document review and other discovery-related work. Some firms may allow for limited advancement (e.g., to "senior" staff attorney), but that's it. 1.

What does associate mean in a job?

Associate= grind hours on increasingly more valuable work with a chance of advancement and raises.

Is being a staff attorney different from being a court attorney?

Keep in mind that being a staff attorney in a firm is drastically different than being a staff attorney with a court.

Do staff attorneys get paid while associates are on partner track?

Depends on firm really. But generally staff attorneys are not on partner track (while associates are), and make less money (and often don't get regular annual raises associates expect).

What is an EEOC hearing?

An EEOC hearing is an opportunity to present your case to an EEOC administrative judge. However, there’s no guarantee that you’ll get your “day in court.”. The judge will decide whether to schedule an in-person hearing. In many cases, the judge issues a decision based on written legal arguments and evidence submitted by the parties.

Who represents federal employees in EEO cases?

If you need experienced legal representation for a federal EEO case, Alan Lescht and Associates, P.C., can help. Our attorneys know what information you need to collect in discovery, how to respond to motions filed by the agency, and how to present evidence and witnesses at the hearing. We represent federal employees throughout the EEO process, at hearings before EEOC administrative judges, in appeals before the Office of Federal Operations, and in federal litigation of discrimination and retaliation cases.

How do you request an EEOC hearing?

Federal agencies usually provide a copy of the hearing request form with the ROI. If you want to request an EEOC hearing, you must:

What is summary judgment in an EEOC case?

After discovery ends, the agency will file a motion for summary judgment. This is a request for the judge to decide in favor of the agency without conducting a hearing. The motion is a lengthy, written legal argument that refers to evidence from discovery and the ROI. If this happens, you will have 14 days to file an opposition. Afterwards, the judge will issue a decision (typically several weeks or months) with two possible outcomes:

What is an EEOC prehearing conference?

The judge frequently holds a prehearing teleconference to discuss the logistics of the hearing and to decide which witnesses may testify. Prior to the prehearing conference, the judge will likely require you and the agency to submit a list of witnesses you would like to call and a list of exhibits you would like to present at the hearing.

What happens at an EEOC hearing?

In most cases, hearings are held in-person in a conference room at the EEOC office. However, the judge may conduct the hearing by video conference or telephone, depending on the circumstances. The judge, a court reporter, the agency attorney (s), you, and your attorney will attend the hearing.

How long does it take for a judge to make a decision on a case?

It’s very rare for a judge to make a decision on the case at the hearing. Usually, the judge will issue a detailed written decision several weeks or even months after the hearing. The EEOC will send a copy of the decision to you and to the agency.