Right now, both the EEOC and the state agencies are being overloaded with discrimination complaints. While some states have certain mechanisms to handle the increased number of complaints, those mechanisms may result in cases not getting the attention they deserve.
In this poor economic climate for employees, as the number of complaints increase, the amount of money that is budgeted for this in the state department is going down. Many of the state agencies are caught in a situation where they cannot hire additional personnel to handle the increased number of complaints, while at the same time they are required by law to process all complaints within a specified time period.
Some states have attempted to resolve this problem by completely eliminating the constraints on the length of time that a complaint will remain in the agency. In those states, your complaint may be in the agency for a long period of time. In other state agencies, discrimination complaints are heavily scrutinized when they are initially filed to weed out those cases that probably are not violations of discrimination laws.
This may not give a discrimination complaint the scrutiny it needs, which makes it even more important to have an attorney draft your discrimination complaint. For other states, the length of time the state can hold the complaint remains the same, but once that time is up, the complaint will be dismissed.