Under the Trump administration, the EEOC is closely scrutinizing new charges at intake and without conducting any investigation rejecting those charges that do not present a clear violation of law. At first blush, this approach would seem to be appropriate and help the agency preserve resources. In reality, charging parties who are unrepresented before the EEOC, or who do not have experienced legal counsel, may have a meritorious case but fail to adequately present it at this critical phase.
The lesson is simple — be sure to at least consult with legal counsel about your case before filing a charge with the EEOC.
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