What is Right-to-Sue Letter?

A Right-to-Sue letter is a document issued by a government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Office of Federal Contract Compliance Programs (OFCCP), that gives an individual the right to file a lawsuit in court for alleged discrimination or violation of their rights under federal employment discrimination laws.

In the United States, when an individual believes they have been the victim of discrimination in the workplace, they may file a complaint with the EEOC or the OFCCP. The agency will then investigate the complaint to determine if there is reasonable cause to believe that discrimination has occurred. If the agency finds no good reason, it will issue a Right-to-Sue letter to the individual, allowing them to file a lawsuit in federal court. It’s important to note that the Right-to-Sue letter is a prerequisite to filing a case in a federal court; an individual must first exhaust administrative remedies by filing a complaint with the EEOC or the OFCCP and obtaining a Right-to-Sue letter.

Some states also have anti-discrimination laws and agencies that issue Right-to-Sue letters, so individuals may also file a complaint with the state agency and obtain a Right-to-Sue letter before filing a lawsuit in state court. In summary, Right-to-Sue letters are issued by government agencies and give individuals the legal right to file a lawsuit in court for alleged discrimination or violation of their rights under federal or state employment discrimination laws.

Key components of Right-to-Sue:

The key components of the Right-to-Sue process are:

  1. Filing a complaint: The first step in the Right-to-Sue process is to file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Office of Federal Contract Compliance Programs (OFCCP), if an individual believes they have been the victim of discrimination in the workplace.
  2. Investigation: The agency will then investigate the complaint to determine if there is reasonable cause to believe discrimination has occurred.
  3. Right-to-Sue letter: If the agency finds no reasonable cause, it will issue a Right-to-Sue letter to the individual, allowing them to file a lawsuit in federal court.
  4. Time limit: An individual will have a limited amount of time (usually 90 days) to file a lawsuit in court after receiving a Right-to-Sue letter.
  5. Legal representation: It is important to consult a lawyer specializing in employment discrimination laws before filing a lawsuit.
  6. Exhaustion of Administrative Remedies: The individual must first exhaust administrative remedies by filing a complaint with the EEOC or the OFCCP and obtaining a Right-to-Sue letter before filing a lawsuit.
  7. Alternative options: An individual may negotiate a settlement with the employer rather than filing a lawsuit, but it is important to consult your lawyer before making any decisions.
  8. Jurisdiction: An individual must file the lawsuit in the appropriate court, whether it is a federal or state court, depending on the laws applicable to their case.