The Equal Employment Opportunity Commission (EEOC) investigates thousands of complaints of workplace discrimination and harassment throughout the United States each year. Employers in all industries are required to comply with the laws and regulations set forth by the EEOC, and failure to do so can lead to severe penalties. But how does an EEOC complaint hurt a California employer?
How Does an EEOC Complaint Hurt a California Employer?
The EEOC reported that between fiscal years 2018 and 2021, the agency processed 98,411 cases alleging harassment in the workplace, and 27,291 of these involved sexual harassment. California reports higher rates of sexual harassment for both men and women than the national average. A University of California San Diego study concluded that the rate is 5% higher for women and 10% higher for men compared to national averages.
When a company is faced with an EEOC complaint, and this becomes public knowledge, the complaint can hurt the company in various ways:
- The employer is likely to face substantial legal costs in handling the case. If they do not have an internal legal department, they will need to hire outside counsel, which can be extremely expensive.
- The employer, if found guilty, could owe a substantial amount of damages to the employee who filed the complaint. They may be forced to repay lost wages and benefits, along with compensation for emotional distress, as well as liquidated damages.
- The EEOC could force the employer to pay punitive damages, and the agency may also issue a heavy fine. The value of the fine typically depends on the severity of the incident and the number of employees the employer has.
- The company could be forced to implement policy changes, such as arranging anti-harassment training for employees and creating new internal conflict resolution systems. This can be costly for the employer as they may need to hire new staff and divert resources away from other work to meet these requirements.
- An EEOC complaint can also damage the company’s reputation. This could strain their professional relationships with other businesses, and it is possible for customers and clients to stop doing business with them once the news of the complaint becomes public.
- The employer could also face additional losses due to lost productivity from reduced employee morale. Employees who discover that their employer has been hit with an EEOC complaint may be disinclined to put forth maximum effort in their work after hearing this news.
These are just a few ways that an EEOC complaint can hurt an employer in California. If you believe you have grounds to file an EEOC complaint in California, it is crucial that you speak with an experienced employment attorney as quickly as possible to discuss the case. Your attorney can help you understand the filing process, gather the evidence you need to present the strongest possible complaint, and guide you through all of the legal proceedings ahead of you.
The Diefer Law Group has the skills, resources, and experience required to handle the most challenging EEOC complaints in California. While you may wonder about the possible effects your complaint could have on your employer, ultimately, you need to focus on your rights and ensure accountability for the mistreatment you experienced. Reach out to our team today to learn how we can assist you with your case.
FAQs
Q: What Can the EEOC Do to an Employer?
A: The EEOC can do multiple things to an employer in response to a complaint of harassment or discrimination of any kind. The EEOC can initiate an investigation into the employer, compel them to remedy any discriminatory practices, initiate enforcement actions on behalf of an employee, such as issuing a Notice of Right to Sue, and, in some cases, file lawsuits on behalf of aggrieved employees.
Q: When Should I File an EEOC Complaint?
A: Ideally, you should file an EEOC complaint as quickly as possible after the most recent incident of harassment or discrimination you experienced. There is a 180-day time limit for filing an EEOC complaint following the most recent incident, but this time limit may be extended in some cases. Ultimately, it is always a good idea to file your complaint with the help of an attorney right away.
Q: Do I Need a Lawyer to File an EEOC Complaint in California?
A: You should hire an Orange County EEOC lawyer to help you file an EEOC complaint in California. While the process may seem simple enough at first, it is possible to encounter a host of challenges that you will not know how to resolve on your own. The right attorney can guide you through the filing process as well as all of the legal proceedings that follow the EEOC’s investigation of your complaint.
Q: Can I Be Fired for Filing an EEOC Complaint in California?
A: While it is possible for you to be fired for filing an EEOC complaint in California, it would qualify as a wrongful termination. Employers in California have the flexibility to fire employees under at-will employment law, but they may not fire employees for engaging in legally protected actions. If you filed your complaint in good faith, your employer may not retaliate against you.
Q: How Much Compensation Can I Win From an EEOC Complaint in California?
A: The amount of compensation you can win from an EEOC complaint in California depends on the specific details of your case. It’s possible for a plaintiff in a harassment or discrimination case to receive compensation for back pay, lost benefits, out-of-pocket expenses, emotional distress, and liquidated damages. The EEOC may also require the employer to pay additional fines based on its findings.
Get in Touch With Us
Ultimately, an EEOC complaint can hurt a California employer in multiple ways, and while most employers will do everything they can to avoid financial liability and reputational damage, they must accept the consequences of the practices they have used that have harmed their employees. The Diefer Law Group can help you file your EEOC complaint in California, so contact us today and schedule a free consultation to learn how we can assist in this situation.
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