Who is Eligible to File a Discrimination Charge?
Employees who believe that they have been discriminated against by an employer, an
employment agency, or a labor union have the right to file a charge of discrimination with
the Equal Employment Opportunity Commission (EEOC). You must first file a charge
with the EEOC before you file a lawsuit against your employer.
Federal law protects employees employed by government agencies, educational
institutions, and private employers. The law requires that employers, who employ 15
or more employees, to abide by legislation (Title VII, ADA, ADEA, and EPA)
that protects a variety of rights for workers. For age discrimination charges, your employer
needs to employ 20 or more individuals.
Protected Classifications
Employees can file discrimination charges against their employer for discrimination based
on race, color, religion, age (40+), gender, and national origin. Charges can also be filed against an
employer for sexual harassment, sex-based wage discrimination, and disability discrimination.
More information on the different types of discrimination
Charges of discrimination can also be filed if employer retaliation occurs after an
employee files a charge of discrimination, or if discrimination occurs against an employee
who participates in an investigation or opposes discriminatory practices at his/her place of
employment. Charges of discrimination can be filed if an employee or prospective hire is
discriminated against due to being married or because they associate with a protected
status person. Lastly, it is possible to file a charge of discrimination on the behalf of
another person in order to protect the aggrieved person’s identity.
What to Report
Be prepared to provide your name, address, and phone number and also the name,
address, and phone number of the employer or agency you are filing a charge against.
You will need to provide a short description of the alleged violation along with other
pertinent information.
Time Limits
The EEOC requires that an employee file a charge of discrimination within 180 days in
order to protect your rights under the law. Exceptions: there is no time limit to file an Equal Pay Act
(EPA) charge, but it is advisable to file within 180 days. If you are also covered by state
or local anti-discrimination laws, you have up to 300 days to file a charge. However, only
state law extends the 300 days deadline for age discrimination charges. If state and local
anti-discrimination laws also cover you by Fair Employment Practices Agencies (FEPAs),
you should duel file your charge, even though only one of the agencies will be handling
the charge.
EEOC Complaint Procedures
After the EEOC receives your complaint, they will notify your employer that a charge has
been filed. The EEOC will assign a priority rating and give priority to investigate charges
that appear to support a violation of law. An EEOC investigation may include written
requests for information, interviews with key players, review of documents, and even a visit to the facility where
the alleged discrimination occurred. The EEOC may seek to settle your charge, send it
to mediation, or dismiss it if no violation of law has occurred. If the EEOC dismisses your
charge, you will be notified that you have 90 days in which to file a lawsuit on your own
behalf.
More information about EEOC mediation
If the EEOC successfully settles your charge with your employer, you cannot take your
employer to court unless they fail to honor any agreement reached. If the EEOC is unable
to reach a successful conciliation with your employer, they will either take your case to
court for you or provide you with a "right to sue" notice. The "right to sue" notice simply
informs you that you have up to 90 days to file a lawsuit on your own behalf.
Possible EEOC Remedies
The EEOC can seek several different remedies for you after they investigate your
charge of discrimination. The EEOC may seek to have your employer reimburse you for lost wages, give you the promotion you
lost out on, or even get you hired if you were discriminated against prior to being hired. Also,
reasonable accommodations may be sought, attorney’s fees, witness fees, and any court
cost you incurred. Compensation and punitive damages may be possible when intentional
discrimination has occurred against the employee. The main goal of the EEOC is to make
the victim of discrimination "whole" again.
Contacting the EEOC
Charges of discrimination may be filed with the EEOC either by phone, mail, or in person.
For a listing of your local EEOC agency call 1-800-669-4000 or 1-800-669-6820 (TDD). If you require a sign language
interpreter or other assistance please inform the EEOC so appropriate accommodations
can be arranged.
Contact your nearest EEOC office for more information
Happy Working,
Gary Vikesland, MA LP CEAP
Employer-Employee.com
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