The EEOC (Equal Employment Opportunity Commission) sends out ‘right to sue’ letters during a complaint resolution processes. A person must have a ‘right to sue’ letter from the EEOC before filing a lawsuit.
One type of a ‘right to sue’ letter is a letter which acknowledges discrimination and supports the employee’s lawsuit against the employer. On the other hand, the ‘Dismissal’ or ‘Notice of Rights’ right to sue letter is a letter which states that the employee has no reasonable cause to believe that discrimination occurred, yet can file a lawsuit against the employer within 90 days of receipt of the letter. The employer also receives a copy of the letters.
The validity of the claims is tested by EEOC before issuing the ‘right to sue letter’. In certain cases, EEOC might file a lawsuit on behalf of the employee.