ABA Family Legal Guide

The Rights of Older Americans

Age Discrimination on the Job

What to Do if You Are Discriminated Against

What role will the Equal Employment Opportunity Commission (EEOC) play in my lawsuit?

If the EEOC files a suit either on its own or on your behalf, the commission enforces your rights and you can no longer file a private lawsuit. If the agency does not file a suit, you may do so sixty days or more after the date you file a charge with the EEOC. Unlike other areas of civil rights law, you do not have to wait for a right-to-sue notice from the EEOC. Your own lawsuit will be a private one, and you must bear the court costs and lawyer's fees. A big advantage of a suit filed by the EEOC on your behalf is that you would not be required to pay its costs.