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Administrative Complaint

Employment discrimination claims are often started by filing your case with the Equal Employment Opportunity Commission (EEOC) or the Oregon Bureau of Labor and Industries (BOLI). These agencies will do an investigation of your case. Each one has different procedures. Once a case leaves the EEOC and/or BOLI, you have 90 days to file a lawsuit. These agencies are often overworked and they have limited time to devote to your case. The burden of proof at the administrative agency is much higher than at trial. These agencies require “substantial evidence” of discrimination in order to find in favor of the employee. Many times they refuse to make a credibility call on a particular witness, and allow that to be the jury’s call at trial.  Whether you have a substantial evidence finding or not is not relevant to whether you have a right to bring a lawsuit.

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