Labor & Employment Law Blog

The Agency normally issues right-to-sue notices after it concludes its own investigation and decides not to sue the employer on its own.  The notice gives the aggrieved employee ninety (90) days to file suit. 

Unless the worker asks for the EEOC to issue the right-to-sue notice immediately, the Agency has "temporarily suspended the issuance of charge closure documents" that typically accompany its completion of an investigation of bias, harassment or retaliation charges filed by aggrieved workers.  By suspending the issuance of closure documents, employees’ time to file suit is extended.  For employers, this means that they need to keep records and documents in order to defend employee claims that will likely be filed years after the alleged harassment, discrimination or termination occurred.  The EEOC has not specified how long the temporary suspension will last.

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