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Law360 (August 3, 2020, 1:46 PM EDT) -- The U.S. Equal Employment Opportunity Commission resumed sending out notices Monday that start the clock running on workers' deadline to sue employers for violating federal anti-discrimination law, four months after hitting pause on right-to-sue letters in light of the novel coronavirus pandemic.
The commission said in a statement that the time is right to lift temporary restrictions put in place in late March that paused the agency's issuance of certain documents that typically accompany its completion of investigations of bias, harassment or retaliation charges filed by aggrieved workers. The agency did, however, continue sending out the notices during the suspension period to workers who explicitly asked for them.
The EEOC began sending right-to-sue notices Monday after curtailing the practice in March as part of its COVID-19 response. (AP Photo/David Zalubowski)
"Recognizing that further delays in issuing charge closure documents could negatively impact both parties' ability to protect and exercise their rights effectively, the EEOC is resuming its issuance of these documents," the agency said in its statement.
Additionally, the U.S. Department of Justice, will also resume its issuance of notices when it probes alleged civil rights violations referred to it by the EEOC that involve state and local governments, according to the commission.
When the EEOC concludes a probe of allegedly unlawful behavior, it can issue a number of notices to potential claimants that start a countdown for when they can file suits. One such document, known as a right-to-sue notice, is generally issued when the EEOC finds reasonable cause to believe that discrimination occurred but was unable to resolve the charge as part of the pre-suit conciliation process and doesn't sue the employer on its own. It gives the aggrieved worker 90 days to file suit.
At the end of an investigation, the EEOC can also issue a so-called dismissal and notice of rights if it is unable to determine whether there is reasonable cause to believe that bias took place. That also gives workers permission to file a federal court suit within 90 days.
The EEOC noted on Monday that right-to-sue notices that "were held in suspense" will go out over the next six-to-eight weeks starting with those that have been in limbo the longest.
--Editing by Alyssa Miller.
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