The Civil Litigation Process for Discrimination in the Workplace

Build your civil case against workplace discrimination with specific dates and facts.

The U.S. Constitution protects you as an individual from discrimination which violate your civil rights. Your employer and fellow employees are prohibited from making discriminatory references against you including: race, sex, gender, age, disability and national origin. Your employer must address any issues of discrimination or be subject to civil litigation.

Initial Action

The civil litigation in a discrimination case begins before you get to court. Document the date and time of each incident of discrimination. Submit a written complaint for each individual incident to your supervisor. The employer needs to be aware of the problem or he may not be held liable.

Labor Board

A formal complaint can be filed with state and federal labor boards; both agencies enforce rules and regulations to protect the rights of employees and require employers to provide a workplace free of discrimination. The state labor board may conduct an investigation and make an agency ruling.

Federal Laws

You can file a civil case in the federal district court with jurisdiction over the named defendants. State your complaint based on a violation of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act or the Americans Disabilities Act.

References

• Find Law - What Are Civil Rights?
• Find Law - Employment Discrimination: Federal Laws
• United States Department of Labor: Equal Opportunity Complaints