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[IN] How long does it typically take for the EEOC to notify an employer of a discrimination charge?

Lawyer, Esquire
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Here's a detailed breakdown of what you can expect with your EEOC charge and some steps you might consider:

  1. EEOC Notification Timeline Typically, the EEOC notifies the employer within 10 days of the charge being filed, consistent with the notice requirement in (29 CFR § 1601.14). However, the actual time can vary depending on the workload of the EEOC office handling your case. In some instances, it might take a bit longer, but they aim to do it as promptly as possible.
  2. Employer's Response After the employer is notified, they generally have 30 days to respond to the charge, in line with the EEOC's investigative procedures under (29 C.F.R. Part 1601). This response could include agreeing to mediation, submitting a position statement, or requesting an extension. On average, many employers respond within this timeframe, but it can vary based on the complexity of the case and the employer's internal processes.
  3. Mediation Agreement If the employer agrees to mediation, this can happen relatively quickly after their response. The EEOC's mediation program, described at (29 C.F.R. § 1601.20), often results in a session within a few weeks to a couple of months after the employer's initial response.
  4. Witness Concerns Given your concerns about witness retaliation, it's crucial to document any communications or attempts to contact witnesses. If witnesses are hesitant to speak due to fear of retaliation, this should be communicated to your attorney, as it can be a significant factor in your case. Retaliation for participating in an EEOC proceeding is separately prohibited under (42 U.S.C. § 12203), the ADA's anti-retaliation provision.
  5. Gathering Witness Information Since you're having difficulty tracking down witnesses, consider using social media or professional networks like LinkedIn to locate them. You might also reach out to any mutual contacts who could help facilitate introductions.
  6. Legal Support Continue working closely with your attorney to ensure all necessary documentation and evidence are prepared. Your attorney can also advise on any additional steps you might take to strengthen your case.

Please let me know if you have further questions.

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I have an attorney on file and a case filed with the EEOC. Charge was filed on the 8th. I recognize that they have 30 days to either agree to mediation, post a position statement, or try and get an extension, but my two big questions here are going to be this: even though the EEOC has up to ten days to give an employer notice, in this case a major university, how long does it usually take for them to actually get the notice on average, and second on average, when could I actually know that they are going to agree to mediate with this timeline? The reason why the latter is a big question of mine is because the witnesses that still work at the university are scared of being retaliated against and I know will not speak with my lawfirm at all due to fear of being fired like I was and the people who I do know would be willing to speak I'm having some difficulties tracking down their numbers because they don't work for the employer anymore and also aren't in the state either which is taking me a long while to find any leads on them.

Lexi

Lexi, Chatbot

I understand how stressful it can be to navigate the EEOC process, especially with concerns about retaliation. Can you tell me if you have already discussed your witness situation with your current attorney?

I did. There are a bunch of witnesses he can talk to that are within the area, the unique thing though is that they are students of the university. For reference I worked at a hotel owned by the university and a lot of the students, while they were employees just like I was and weren't working at the hotel for any school project or anything and thus from my understanding aren't privy to a lot of the same privacy safeguards that would typically be there for students, they are hard to really get a proper mailing address and phone number for since they live on campus and since they don't have any bills to pay or anything of the sort its rare for them to pop up in any record searches.

Lexi

Lexi, Chatbot

Have you received any updates from the EEOC or your attorney regarding the timeline for mediation or the employer's response?

Not yet and the EEOC page still says charge filed with no update.

Lexi

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your EEOC charge.

Not really too much, only reason I'm really asking on here is because I'm stuck essentially working two jobs (one being a regular gig at a pizza shop the other being a 1099 cyber security related gig) just to afford to live after being fired from there, so it's been difficult getting in contact with them while also getting them the records that they are looking for much less contacting them at 11 PM on a Saturday night. While my main question is in regards to when the employer typically will have at least some response, I have given my lawyer's paralegals access to emails, text messages, dates and timelines, some medical records including a psych evaluation showing I have bipolar, and it's just mainly getting them the grand list of witnesses that is taking forever because a lot of these people don't live within the area anymore and a lot of the people that don't work there anymore but do live in the area are terrified of the university as an organization so much I know some wouldn't speak out against them.

Lawyer, Esquire

Lawyer, Esquire

Hey there! Welcome to AskaLawyer. I'm Trevor, an attorney with many years of experience, and I'm here to help you. I understand you're dealing with a situation involving an EEOC case against a major university, with concerns about witness retaliation and difficulties in contacting them. Is that correct?

Yeah kinda, I'm actually wondering more like the timeline for when I will typically get a response back from the EEOC charge. I'm aware its 30 days tops but I'm kind of wondering what the average time would actually be for that. The charge itself was filed with intake done on the 8th of this month. This is mainly for peace of mind purposes as they'll respond no matter what, it's just taking me a long while to get those witnesses to my lawyer.

Lawyer, Esquire

Lawyer, Esquire

Could you let me know which state you're in? This helps in understanding any specific state laws that might apply to your EEOC case.

Indiana. I also don't know if it helps much but here is the charge itself with the name of the individual redacted:

  1. On or about April 7, 2025, Charging Party began working for Respondent.
  2. Most recently, Charging Party worked as a Guest Services Associate at a hotel owned and operated by Respondent.
  3. At all relevant times, Charging Party met or exceeded Respondent's legitimate performance expectations.
  4. Between 2018 to 2019, Charging Party was diagnosed with Bipolar Disorder.
  5. In or about June 2025, Charging Party disclosed his disability to the Respondent. In addition, Charging Party told his supervisor that if he sees his hand shaking, it is due to his disorder.
  6. Between June to August 2025, Charging Party was issued discipline for being in the Respondent's café while he was off the clock. Similarly situated individual(s) outside of Charging Party's protected class were permitted to be in the café and were not written up.
  7. Between June 2025 to September 2025, Respondent told Charging Party that he needs to be careful with his handwriting, that he has too much energy, and he needs to stop being nervous, all of which were affected by his disability.
  8. Between September 13, 2025, to September 15, 2025, Charging Party disclosed to Respondent's Human Resources that he felt that he was being discriminated against due to his disability.
  9. On or about September 16, 2025, Charging Party disclosed a change in his treatment for his disability to Respondent.
  10. On or about October 15, 2025, Respondent terminated Charging Party's employment.
  11. Similarly situated individual(s), outside of Charging Party's protected class, were treated more favorably than Charging Party. Specifically, a coworker, who does not suffer from a disability, was also alleged to have engaged in similar conduct and was not terminated.
  12. Respondent's stated reasoning for terminating Plaintiff is pretext for disability discrimination and retaliation.
  13. Respondent has discriminated against Charging Party based on his disability and retaliated against him for engaging in protected activity, in violation of the Americans with Disabilities Act of 1990 ("ADA"), as amended, 42 U.S.C. § 12101 et seq. 14. Charging Party has been damaged by Respondent's actions.
Lawyer, Esquire

Lawyer, Esquire

Based on your situation, there are several legal arguments and considerations in Indiana that could potentially support your case: The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in employment. Your charge indicates that you disclosed your bipolar disorder to your employer and experienced differential treatment compared to similarly situated individuals without disabilities. This could be a basis for a claim of discrimination under the ADA. Retaliation is also a key issue here. The ADA protects individuals from retaliation for asserting their rights under the law. Your charge mentions that you were terminated shortly after disclosing your disability and expressing concerns about discrimination, which could be seen as retaliatory action. The EEOC process involves notifying the employer of the charge, and they typically have 30 days to respond. However, the actual time can vary based on the specifics of the case and the workload of the EEOC office handling it. Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Lawyer, Esquire

Lawyer, Esquire

Here's a detailed breakdown of what you can expect with your EEOC charge and some steps you might consider:

  1. EEOC Notification Timeline Typically, the EEOC notifies the employer within 10 days of the charge being filed, consistent with the notice requirement in (29 CFR § 1601.14). However, the actual time can vary depending on the workload of the EEOC office handling your case. In some instances, it might take a bit longer, but they aim to do it as promptly as possible.
  2. Employer's Response After the employer is notified, they generally have 30 days to respond to the charge, in line with the EEOC's investigative procedures under (29 C.F.R. Part 1601). This response could include agreeing to mediation, submitting a position statement, or requesting an extension. On average, many employers respond within this timeframe, but it can vary based on the complexity of the case and the employer's internal processes.
  3. Mediation Agreement If the employer agrees to mediation, this can happen relatively quickly after their response. The EEOC's mediation program, described at (29 C.F.R. § 1601.20), often results in a session within a few weeks to a couple of months after the employer's initial response.
  4. Witness Concerns Given your concerns about witness retaliation, it's crucial to document any communications or attempts to contact witnesses. If witnesses are hesitant to speak due to fear of retaliation, this should be communicated to your attorney, as it can be a significant factor in your case. Retaliation for participating in an EEOC proceeding is separately prohibited under (42 U.S.C. § 12203), the ADA's anti-retaliation provision.
  5. Gathering Witness Information Since you're having difficulty tracking down witnesses, consider using social media or professional networks like LinkedIn to locate them. You might also reach out to any mutual contacts who could help facilitate introductions.
  6. Legal Support Continue working closely with your attorney to ensure all necessary documentation and evidence are prepared. Your attorney can also advise on any additional steps you might take to strengthen your case.

Please let me know if you have further questions.

Lawyer, Esquire

Lawyer, Esquire

25 satisfied customers

Lawyer, Esquire
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