Learn about the next steps in the EEOC complaint process if no probable cause is found after an investigation. Expert insights for SHRM-SCP certification exam preparation.
Table of Contents
Question
What is most likely their next step in the complaint process if the EEOC is unable to find probable cause following an investigation?
Answer
The EEOC notifies the complainant of the right to sue. If the EEOC does not find reasonable cause, it will end its involvement and notify the charging party, or complainant, of their right to sue.
Explanation
If the Equal Employment Opportunity Commission (EEOC) is unable to find probable cause following an investigation into a complaint of workplace discrimination, the most likely next step is that the EEOC will notify the complainant of their right to sue the employer in court.
When the EEOC does not find reasonable cause to believe that discrimination occurred based on the evidence from its investigation, it will end its involvement in the case. The EEOC will then send a “Dismissal and Notice of Rights” letter to the complainant, informing them that the EEOC is closing the case.
This notice will explain that, although the EEOC did not find cause, the complainant still has the right to file a lawsuit against the employer in federal court within 90 days from the date they receive the notice. The decision to sue then rests with the complainant.
So in summary, when the EEOC finds no probable cause, it terminates its investigation and issues a right-to-sue notice to the complainant, allowing them to independently pursue the matter in court if they choose to do so. The EEOC’s role ends at that point.
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