Case Evaluation Questionnaire
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Your Case Strength Analysis
Element-by-Element Breakdown
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What makes a strong EEOC discrimination case?
A strong EEOC discrimination case typically includes direct evidence of bias (emails, texts, recorded statements), similarly-situated comparators treated more favorably, thorough documentation, corroborating witnesses, and a clearly pretextual reason given by the employer for the adverse action. Cases where the employer deviated from its own policies are also significantly stronger.
How important is temporal proximity in a retaliation claim?
Temporal proximity is critical in retaliation claims. Courts have held that adverse actions taken within days or weeks of a protected activity can, by themselves, establish a causal connection. Actions within 2-4 weeks are strongest, while gaps of more than 3-6 months generally require additional evidence to prove causation.
Do I need direct evidence to file an EEOC complaint?
No. Most successful discrimination cases rely on circumstantial evidence under the McDonnell Douglas burden-shifting framework. You need to show: (1) you belong to a protected class, (2) you were qualified, (3) you suffered an adverse action, and (4) the circumstances suggest discrimination. Direct evidence like biased emails is helpful but not required.
Can I still file an EEOC charge if I did not complain internally first?
Yes. Filing an internal complaint is not a legal prerequisite for filing an EEOC charge. However, having an internal complaint on record can strengthen your case by showing you gave the employer notice and an opportunity to correct the problem, especially in harassment cases under the Faragher-Ellerth defense framework.
What is the difference between a strong and weak EEOC case?
Strong cases feature multiple forms of evidence (direct and circumstantial), documented patterns of bias, clear employer policy deviations, supportive witnesses, and obviously pretextual employer justifications. Weak cases rely on feelings without documentation, lack comparators, have strong legitimate reasons for the employer's action, and have long gaps between protected activity and adverse action.
Important Disclaimer
This evaluator provides a general educational assessment and does not constitute legal advice. Every case is unique and fact-specific. An actual attorney evaluation may reach different conclusions based on jurisdiction-specific law, detailed factual analysis, and legal strategy considerations. Consult an employment attorney for a professional case assessment.