How to File Charges of Harassment Against Your Boss

Harassment at the workplace is a form of discrimination, according to the Federal Communications Commission's (FCC) Office of Workplace Diversity. Title VII of the Civil Rights Act of 1964 prohibits the use of racial, ethnic or gender hiring and workplace-treatment policies. The legal definition of harassment is "unwelcome verbal or physical conduct based on race, color, religion, sex, national origin, age, disability, sexual orientation, or retaliation." If you are being harassed at your place of employment, even if it is by your boss, you have a right to file a complaint.

Instructions

1. Determine first whether your complaint constitutes harassment under the law. If the conduct is sufficiently severe and creates a hostile working environment or if your position or job status has changed as a result of the harassment (if you were demoted, fired or denied promotion, for example), you have the right to file charges.

2. Document how you have been harassed. Compile a list of actions, including the dates on which these offenses were committed. Some examples include:

   - Offensive remarks toward you
   - Being touched in a way that made you feel uncomfortable
   - Telling inappropriate jokes, such as ones that are sexual or racist in content
   - Use of intimidating or threatening language toward you

   See other examples of inappropriate behavior at this website:
   http://www.fcc.gov/owd/understanding-harassment.html

3. State your protected class in a letter of complaint--for example, whether you were discriminated against based on your race, age or a disability. Note exactly what your affiliation with this group is, such as Asian, over age 40 or disabled. Explain how your work performance is affected and how your boss is creating a hostile work environment.

4. Contact an Equal Employment Opportunity (EEO) counselor or other related state official, within 180 or 300 calendar days--depending on the state. You can contact the federal Equal Employment Opportunity Commission at [phone]. You do not have to wait until an investigation is complete by your company or human resources department. Your complaint expires if not filed within the time frame.

Tips & Warnings

• Even though you may be filing charges with a federal or state agency, you should still report harassment immediately to your human resources department.

• Before you file a complaint, be aware of what does not qualify as harassment. Federal law does not prohibit teasing, for example. Behavior must be serious enough to affect your ability to do your job, cause termination or prevent a promotion.

References

• The National Archives: The Civil Rights Act of 1964
• Equal Rights Advocates

Resources

• FCC: Understanding Workplace Harassment