EEOC is back in the Business of Issuing Charge Closure Documents

EEOC is resuming the issuance of the Right to Sue Notices so that it does not jeopardize the charging party’s right to file a lawsuit within 90 days of receipt of the notice.

EEOC suspended issuing charge closure documents because of the COVID-19 pandemic; however, they announced that they will begin issuing these documents again. Even though EEOC continued to investigate claims of employment discrimination during the pandemic they suspended issuing charge closure documents on March 21, 2020 unless a charging party requested them. EEOC decided to resume issuing the closure documents so that both parties’ could exercise their rights effectively. Upon receipt of an issuance of a Notice of Right to Sue, a lawsuit must be filed within 90 days. Since this requirement is set by law and cannot be changed by any government agency, if a charging party fails to file within the 90 day time-frame, they may be prevented from pursuing a lawsuit.

Charge resolution recommendations on the charges held in suspense are now being reviewed by EEOC managers and supervisors. EEOC will begin issuing Notices of Right to Sue for these charges as well as for charge resolutions that occur on and after 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.

Investigations of alleged employment discrimination against state and local governments are handled by the Department of Justice, who will also be resuming the issuance of Notices immediately.