How to File an EEO Against a Fellow Employee

Filing an EEO complaint involves meticulous documentation and following the appropriate channels.

In order to file an equal employment opportunity (EEO) complaint against a fellow employee, it is important to document the event in questions and then follow your company's grievance procedures. You should submit all complaints in writing and keep a copy for yourself. You should request your employer to provide all documentation of the incident and all outcomes in writing, whether or not the employer resolves the issue. If your company handles the complaint satisfactorily and fairly, then this may be all you need to do; however, sometimes that does not happen. In such cases, you will then need to file a complaint against your employer with the EEOC (Equal Employment Opportunity Commission).

Instructions

1. Write down the event warranting the EEO complaint on paper. Make sure you record the name of the person, times, dates, locations and the exact events in chronological sequence. Include in your written account any witness to the incident. Be sure to make copies for yourself and keep those copies at home, not at work, so that others may not access the written statements.

2. Report your grievance to your supervisor, or if the grievance is against your immediate supervisor, go to the next person in your management hierarchy. Another option is to report the incident to your human resources department. This may vary, according to the situation and your comfort level. Make sure you record the time and date and with whom you reported the violation.

3. Review your employee handbook and learn about the grievance procedures in place for EEO complaints. Follow those procedures and file a complaint internally. Make sure you record exactly how you follow the internal process and the outcome. Request the employer provide all communications and outcomes in writing.

4. File a complaint with the EEOC if your employer fails to handle the situation appropriately according to internal policy or governmental regulations. There are deadlines to file such as a complaint, ranging form 180 to 300 days in most states, so it is crucial you start the grievance process internally right away. At any point if you feel your employer does not respond adequately to your complaint, you should proceed to file with the EEOC. You may file this complaint in person at your local EEOC field office or by mail. You must provide all documentation of the event to date: your name, address and telephone number; your employer's name, address, and telephone number; and the number of employees at the organization.

5. Sign the letter. The EEOC cannot attend to your compliant if you do not sign the letter. The EEOC will then investigate and provide you a response. There is no specified time limit on how long the investigation may take. If the EEOC recommends you to file a lawsuit against your employer, you have 90 days to do so.

References

• Equal Rights Advocate: Sexual Harrassment at Work
• Michigan Legal Aid: How to File an EEOC Complaint
• U.S. Equal Opportunity Employment Commission: How to File

Resources

• EEOC: Assessment System