How to File a Workplace Discrimination Charge

It's hard to work in an environment in which you are discriminated against, but it's even harder to decide to file a charge of workplace discrimination. However, if you have been denied a promotion, equal pay or have been harassed based on race, religion, gender, sexual orientation, age or ethnicity, it may be the correct action to take.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Attorney (recommended)
• Employer contact information
• Description of alleged incident(s) of discrimination

1. Read your company's anti-discrimination policy to determine whether there is an internal grievance process. Most companies have an affirmative action officer with whom complaints must be filed. However, while it may be good practice to file a complaint internally first, it's not a necessary precursor to filing a claim with a federal or state agency.
2. Find an attorney who specializes in discrimination cases. Many states have lawyer-referral programs that can put you in touch with an attorney with a specialty in workplace law. Additionally, many lawyers provide a short initial consultation at no charge. This may be all the time you need to clarify the process of filing a claim.
3. Ask your lawyer pertinent questions. You'll need to know how to proceed in terms of interacting with your employer after a claim is filed. Your lawyer will also be able to advise you as to what constitutes direct and circumstantial evidence of alleged discrimination.
4. Contact the Equal Employment Opportunity Commission (EEOC) to file a workplace discrimination charge with the state or federal agency (see Resources below). Most claims begin at the state level, with the exception of those filed by federal workers. These claims are investigated by both state and federal officials.
5. Fill out the EEOC's intake questionnaire in as much detail as possible. In addition to providing your own name and contact information, you will need to have: all contact information for the employer/company against whom you are filing a charge, the approximate number of people the company employs, a description of the alleged discriminatory action and the date(s) on which the violation occurred.
6. Cooperate in full with the investigating agency. Agents will want to interview you in depth and gather any direct evidence you may have before informing your employer of the charge.

Tips & Warnings

• Report any retaliatory actions to the investigating agency and your attorney. It is illegal for an employer to retaliate against charges by creating a hostile work environment or terminating employment.
• You must file a claim within 180 days of the alleged incident. In some situations, the time can be extended to 300 days, but check with the EEOC to be sure.