WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it will begin issuing charge closure documents that were suspended because of the COVID-19 pandemic.
The EEOC has continued enforcing the nation’s employment non-discrimination laws during the COVID-19 pandemic while ensuring that all of our activities are consistent with public health guidelines. On March 21, 2020, in response to the COVID-19 pandemic, the EEOC temporarily suspended the issuance of charge closure documents unless a charging party requested them. Recognizing that further delays in issuing charge closure documents could negatively impact both parties’ ability to protect and exercise their rights effectively, the EEOC is resuming its issuance of these documents.
EEOC managers and supervisors have started reviewing charge resolution recommendations and the EEOC will begin issuing Notices of Right to Sue (Notices) both for charges that were held in suspense, as well as for charge resolutions that occur on and after Monday, August 3, 2020. The Notices held in suspense will be issued over the course of the next six to eight weeks beginning with those that have been in suspense the longest. All Notices will be issued by mail. This may make for an interesting situation where many locations may have closed or limited in person operations.
The Department of Justice, which issues Notices in investigations involving state and local governments, referred to them by the EEOC, is also resuming the issuance of Notices today.
Once a charging party receives a Notice, a lawsuit must be filed within 90 days of their receipt of that notice. A charging party must file a lawsuit within the established time frame or may be prevented from going forward with the lawsuit.
Please contact our GM employment team with any questions.
