San Diego EEOC Charges Lawyer
Representing California Employees and Employers in Discrimination and Retaliation Matters
When a workplace issue involves discrimination, harassment, or retaliation under federal law, the Equal Employment Opportunity Commission (EEOC) plays a central role in resolving the dispute. Filing a charge with the EEOC is often the first formal step in addressing unlawful conduct at work — and in many cases, it is a required step before a lawsuit can be filed.
At In Motion Law, APC, we represent California employees and employers at every stage of the EEOC process. Whether you’re an employee seeking justice or an employer seeking guidance on compliance and defense, we understand how to navigate these sensitive matters with care and precision. The experience of our San Diego EEOC charges lawyer on both sides of the issue allows us to anticipate challenges and find solutions that make sense for the people and businesses involved.
What Is the EEOC and What Does It Do?
The Equal Employment Opportunity Commission is the federal agency responsible for enforcing workplace discrimination laws under statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and the Genetic Information Nondiscrimination Act (GINA). These laws prohibit employers from making decisions based on protected characteristics such as race, sex, disability, religion, age, and national origin.
The EEOC investigates complaints of unlawful conduct in the workplace and may take steps such as facilitating mediation, requesting a response from the employer, conducting interviews, and reviewing evidence. In some cases, the EEOC may find cause to believe discrimination occurred and pursue legal action on behalf of the employee. In others, it may close the case and issue a “right to sue” letter, which allows the employee to pursue a lawsuit independently.
Filing a Charge with the EEOC in San Diego
An EEOC charge is not the same as an internal HR complaint. It is a formal legal action and begins a federal investigation into the employer’s conduct. Employees must typically file the charge within 180 days of the alleged discriminatory act, although this deadline may be extended to 300 days in states that have their own anti-discrimination laws and agencies, such as the Fair Employment and Housing Act (FEHA) and the California Civil Rights Department (CRD).
The charge should describe the discriminatory behavior, identify the protected basis (e.g., race, sex, disability), and provide enough information for the EEOC to investigate. Filing can be done online, by mail, or in person at the San Diego Local Office, and it is strongly advised to consult an attorney before submitting the charge to ensure accuracy and strategic framing.
Once the charge is filed, the EEOC notifies the employer, who will be required to submit a written response known as a “position statement.” The EEOC may then offer mediation/conciliation to both parties or proceed with a formal investigation. This process can take several months or longer, depending on the complexity of the case and the agency’s workload.
Employee Rights in the EEOC Process
For employees, filing a charge with the EEOC is a serious step. It opens the door to formal legal recourse and serves as a critical record of the complaint. It also places legal obligations on the employer to respond and cooperate in the investigation.
Throughout the process, employees have the right to submit evidence, request updates, and pursue litigation if the EEOC issues a right-to-sue notice. Remedies may include back pay, reinstatement, compensatory damages, and, in some cases, punitive damages.
Importantly, employees are protected from retaliation for filing a charge or participating in an EEOC investigation. If an employer takes adverse action in response — such as demotion, discipline, or termination — this action could give rise to an additional retaliation claim.
At In Motion Law, APC, we work closely with employees to prepare strong EEOC filings, gather supporting documentation, and represent them in mediation or negotiation. We take the time to understand your goals and provide candid advice about the strength of your case and your best path forward.
Employer Responsibilities and Risks
California employers must take EEOC charges seriously. Failing to respond, submitting incomplete information, or retaliating against the charging party can escalate the matter significantly and increase the risk of liability. A thoughtful and legally sound response to the charge is essential — not just for the case at hand, but for protecting the company’s reputation and preventing future claims.
We help employers draft persuasive position statements, identify supporting evidence, and comply with EEOC procedures. When appropriate, we guide employers through mediation or settlement discussions and advise on policy changes that may reduce future risk. If the matter proceeds beyond the administrative stage, we are fully prepared to defend the company in court.
In some cases, an EEOC investigation may also lead to scrutiny of broader workplace practices, such as hiring criteria, promotion policies, or leave procedures. Addressing these issues proactively with legal counsel can help resolve the immediate dispute and prevent additional exposure.
Dual Filing with the CRD (California Civil Rights Department)
Because California has its anti-discrimination agency, the CRD (formerly known as DFEH), many EEOC charges are automatically “dual filed” with the state agency. This allows both agencies to share information and avoid duplication of effort. It also gives employees the benefit of both federal and state protections.
While the two agencies often cooperate, they apply different legal standards and have separate remedies. At In Motion Law, APC, we make sure our clients understand how the two systems interact and help them make informed decisions at each stage of the process.
Why Legal Representation Matters
Whether you’re filing a charge or responding to one, the stakes are high. A poorly written charge or vague allegations can delay the process or weaken your claim. An inadequate employer response can leave the company vulnerable to liability, even if it did nothing wrong.
Having a knowledgeable attorney in your corner means every step is handled carefully and strategically. We don’t just check boxes — we dig into the facts, assess the risks, and craft a tailored approach to help you achieve the outcome you deserve.
At In Motion Law, APC, we’ve been through the EEOC process many times, and we understand how to make it work. Our experience representing both employees and employers gives us insight into what matters to each side — and how to resolve cases efficiently, respectfully, and effectively.
Contact In Motion Law in San Diego for Help With EEOC Charges in California
Contact In Motion Law, APC today to discuss your EEOC matter. Whether you’re an employee ready to file a charge or an employer preparing a response, our San Diego EEOC lawyer is here to help you move forward with confidence.
