The U.S. is located in the United States.The Equal Opportunity Employment Commission enforces federal law that prohibits employment discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genetic information.The complaint procedure for each group is slightly different, but the laws cover federal government employees, private sector employees and job applicants.
Step 1: Do you still have the time to file a charge?
180 days is the federal deadline for filing a discrimination charge.Each act has a different deadline if more than one act occurred.The deadline applies to the last incident if the situation is an ongoing pattern of harassment.If a state or local agency enforces a law that prohibits discrimination on the same basis, your deadline to file a federal charge is extended to 300 days.The deadline is only extended for state laws, not local ones.You have a different deadline if you believe you were discriminated against while applying to work for a federal agency.You have to contact an Equal Employment Opportunity Counselor at the agency where you work or apply to work within 45 days of the alleged discrimination.You can either participate in counseling or mediation from there.
Step 2: Determine how many employees your employer has.
Employers who have a certain number of employees are not subject to federal law.If you have 15 or more employees who have worked at least 20 weeks in a year, you are covered.The number of employees is increased for the purpose of age discrimination.State and local governments are subject to federal anti- discrimination laws if they employ at least 15 people who work 20 weeks in a year.State and local governments are covered by the Equal Pay Act and the laws prohibiting age discrimination regardless of the number of employees they have.The laws enforced by the EEOC are applicable to all federal agencies regardless of how many employees they have.Employment agencies are covered by the laws if they regularly refer employees to employers, no matter how many employees they have.If they have at least 15 members, labor unions can be covered by the federal anti- discrimination law.The prohibition against age discrimination applies to unions with at least 25 members.If she worked for the employer for at least 20 weeks in either this year or last year, she is counted.If you want to determine whether the employer is subject to federal anti- discrimination law, you may be able to count employees at multiple worksites together.If a shop owner owns three different surf shops that each employ 10 people, he may be covered by federal anti-discrimination laws.
Step 3: Determine if you would be considered an employee under federal law.
The anti-discrimination laws only apply to employees, former employees and those applying to be employees.
Step 4: You can use the online assessment tool.
Although the EEOC does not accept discrimination charges online, it does have an assessment tool that can help you confirm the jurisdiction of your claim.If you already analyzed your eligibility to file a charge with the EEOC, using the tool is a great way to double-check.
Step 5: The intake questionnaire needs to be completed.
The official intake questionnaire is the next step after you know you're eligible to file a discrimination charge.You can send a letter to the EEOC with the same information that would be included on the official questionnaire.If you go this route, make sure your letter includes contact information for you and your employer, as well as a short description of what took place and when, and why you believe those acts constitute discrimination.The EEOC will review your letter if you sign it and mail it.If you need more information or have questions about your charge, you can call the EEOC's toll-free number.The staff member on the phone will forward your questions or information to your nearest field office.
Step 6: You can find the nearest EEOC office.
The location of each of the 53 field offices is listed on a map on the EEOC website.Since the office that will review or investigate your charge is more likely to be the one nearest you or your employer, it's probably best to use that one.
Step 7: You can file a discrimination charge.
The nearest EEOC field office is where you can file your charge.You can mail your completed intake questionnaire to the office if it's too far away.If you are close to the deadline to file, call the office ahead of time and they will help guide you through the process.
Step 8: Provide additional information requested by the EEOC.
You will be interviewed by an EEOC employee if you file in person.You may be interviewed over the phone or receive a list of questions in the mail if you mail your questionnaire.Once the EEOC employee assigned to your charge has all the information she needs, she will make a determination whether to forward it to an investigator or recommend you and your employer for mediation.
Step 9: There are certain types of discrimination that are forbidden by federal law.
More than a half-dozen federal laws make it illegal for employers to discriminate against you because of your race, color, religion, sex, national origin, age, disability, or genetic information.One of those reasons is that these laws protect you from being treated unfairly.They don't allow employers to retaliate against you if you complain about discrimination.Complying with federal law requires employers to provide reasonable accommodations for employees with disabilities or religious beliefs.
Step 10: Do you know what actions constitute discrimination?
Discrimination in every aspect of employment is forbidden by the laws of the EEOC.If you are a member of a racial minority, then any adverse action that happens to you in the workplace is not an act of discrimination.The laws don't allow your employer to take adverse action against you because of your race.A covered employer could not post a "help wanted" ad for a secretary, for example, saying that only beautiful young blonde females should apply.Because it discourages men and older people from applying, and because it was limited to women with blonde hair, it could be construed as racial discrimination.Race, sex, and religion are not allowed to be taken into account when referring employees for another position, making decisions about job assignments, promotions, or scheduling and paying wages or benefits.Employers can't demote or discharge an employee for one of the protected reasons.If a factory manager needs to lay off 50 employees, he can't lay them off first because of their age.
Step 11: The EEOC handles discrimination charges.
You can make sure you have all the necessary information if you understand the procedures of the EEOC.After 10 days, the EEOC will send notice and a copy of your discrimination charge to your employer.The EEOC can send you and your employer to mediation to try to resolve the claim, or it can assign your charge to an investigator and ask for a written answer.The length of an investigation depends on how complicated the charge is and how much information is gathered.The matter can usually be settled within three months if you reach a resolution in mediation.If the EEOC finds no violation, you will be given permission to file a lawsuit.If the EEOC can't reach a settlement with your employer, your charge will be sent to the agency's legal staff.If the legal staff decide not to file a lawsuit on your behalf, you'll receive a notice that gives you permission to do so yourself.
Step 12: There are remedies available for discrimination.
If the EEOC finds discrimination, the agency wants to put you in the same position as if it hadn't happened.Depending on the action taken and the affect it has on you, there is a specific type of relief available.If your employer passed you over for a promotion because of your race, you may be able to get backpay or benefits you would have had if you had been promoted.Monetary damages, which include compensation for out-of-pocket expenses and emotional pain suffered, are capped by federal law.If an employer has 100 employees or less, the combined damages cannot be more than $50,000.