The steps leading up to a lawsuit can include:
Decide whether to make a complaint to your employer. If you do, make the complaint in writing and keep a copy. First, check your employee handbook and any other personnel documents for company policies because following the outlined steps may potentially resolve the troubling behavior and also bolster your right to sue. In some cases, the law will require that you follow your employer’s discrimination reporting policies because an employer cannot fix what it doesn’t know about.
File an agency complaint. If you plan to file a federal discrimination lawsuit, unless it falls under limited exceptions which include gender-based pay discrimination, you need to first file a charge with the EEOC within 180 days of the discrimination. You may also have the option of filing a discrimination claim with a local agency. More employers may fall under the scope of state laws than federal laws.
Wait for an administrative response. If you filed a charge with the EEOC, it will send a notice and copy of your charge to the employer within 10 days. The EEOC may decide to investigate. The employer may submit a statement of its position, and the EEOC may request that it provides more information. The timelines and processes differ when a local agency is involved.
Decide whether to sue. If the investigation shows that there is reason to believe that the employer engaged in discrimination, the EEOC will respond by issuing a Letter of Determination and inviting the parties to participate in a voluntary conciliation process. If conciliation is unsuccessful, the EEOC may decide to litigate or instead issue a Notice of Right to Sue, which permits you to file a lawsuit within 90 days.