How to File an Employee Complaint

Sexual harrassment in the workplace can cause severe distress.

A happy working environment can play an integral role in sustaining a content, low-stress lifestyle. Unfair or discriminatory working conditions, however, can lead to severe anxiety and depression among employees and potential legal repercussions for employers. Discrimination can come in many forms for reasons as diverse as religious belief, sexual orientation, age or gender. Employees may also experience sexual harassment or be asked to participate in unethical or illegal working practices by their superiors. Raising an employee complaint can help remedy these conflicts and restore harmony to the workplace.

Instructions

1. Talk to fellow workers before filing a complaint. If you feel you are being treated unfairly due to your gender, religious beliefs or sexual orientation, for example, discovering that other employees have been treated differently in similar circumstances will aid your case. Talking to people who have experienced similar prejudices will also help support your case.

2. Speak to your manager directly or contact the human resources department of your company regarding your complaint. Inform them that you intend to file a complaint and explain the reasons why you are doing so.

3. Compile supporting documents outlining the details of your case. Note names, dates and the events that occurred. List any colleagues who may have witnessed the incident as they may be prepared to go on record. The more accurate your documentation is, the better chance you have of filing a successful complaint.

4. Write a draft of your complaint. Outline the incident(s) that occurred, the measures you have taken to address the matter yourself and what measures you wish the company to take. Showing you have tried to resolve an issue before it becomes a formal complaint will often work in your favor.

5. Lodge an official complaint with your human resources department and submit supporting documents. Appeal the decision if your complaint is not upheld by the company. Most companies allow employees to appeal decisions if they remain dissatisfied.

6. Contact the Equal Employment Opportunity Commission (EEOC) if your company fails to satisfactorily deal with your complaint. The EEOC is a government agency that can punish companies for failing to adhere to discrimination laws. Register your complaint online or by post.

7. Wait for a response from the EEOC once you have filed your complaint. According to the EEOC website, they try to respond to complaints within 10 days.

8. Contact a lawyer if the EEOC issues a "right to sue" letter, which confirms, in the EEOC's view, that your employer has acted unfairly.

9. Inform your lawyer of the particulars of your case. Write to your employer again, confirming the support of the EEOC and your intention to sue the employer. Some companies will agree to participate in mediation or make you an offer of compensation at this point.

10. Begin court proceedings through your lawyer if your company refuses mediation and makes no offer of compensation.

Tips & Warnings

• Read the complaint procedures terms and conditions of the company where you are employed, as these can vary significantly. Failing to lodge a complaint within 30 days of an incident having occurred, for instance, may block your efforts to remedy the situation.

References

• Plattsburgh State University of New York: Policies and Procedures
• Washington State University: HR Policies and Procedures

Resources

• U.S. Equal Opportunity Employment Commission