The investigation After you file a complaint the employer is notified that the charge has been filed. From this point there are a number of ways a complaint may be handled. The EEOC may assign a complaint for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the complaint may be assigned for follow up investigation to determine whether it is likely that a violation has occurred. The complaint may be selected for EEOC's mediation program if both you and the employer express an interest in this option.
Mediation is offered as an alternative to a lengthy investigation.
It is a process in which you and the employer try to work out a compromise. Participation in the mediation program is confidential, voluntary and requires consent from both the charging party and employer. If mediation is unsuccessful, the complaint is returned for investigation. The EEOC may dismiss a complaint if further investigation will not establish a violation of the law. When a charge is dismissed, you have 90 days in which to file a lawsuit.