File Employment Discrimination Charge
Protect Your Rights: 5 FAQ About How To File A Discrimination Charge Regarding Employment
Can any person file a discrimination charge? The answer to that question is yes. Any person who feels he/she has had their employment rights violated can file a discrimination charge with the EEOC. Also, any person, agency or organization can file a charge on someone else’s behalf to protect the injured party’s identity. There are employment workplace discrimination laws in order to prevent discrimination based on race, sex in the workplace.
How Is A Discrimination Charge Filed?
This charge can be filed either in person or by mail to the nearest EEOC office. People who need help filing a charge should let the EEOC field office know so that the right arrangements can be provided. This can include print material in the right format, sign language or an interpreter.
Federal employment applicants and current federal employees need to check out the Federal Sector Equal Employment Opportunity Complaint Processing.
What Data Must Be Given To File A Discrimination Charge?
- Complaining person’s name, telephone number and current
address
- Name, telephone number and address of respondent employer, union or
employment agency that allegedly discriminated against complaining
person and employee numbers, if this is known
- Brief description of alleged discrimination (why does complaining
party feels his/her rights were violated)
- Alleged violation dates
Federal employment applicants and current federal employees need to check out the Federal Sector Equal Employment Opportunity Complaint Processing.
What Time Limits Are There To File A Discrimination Charge?
EEOC enforces all discrimination charge laws except those that fall under the Equal Pay Act. A charge will need to be filed with the EEOC prior to a private lawsuit being filed in court. And, there are strict time limits for when these charges can be filed.
- A charge will need to be filed with the agency within 180
days of the alleged violation date so that the charging party’s rights
are protected.
- This deadline of 180 days can be extended to 300 days if the charge
is covered by both local and state anti-discrimination laws. On ADEA
charges, just state laws the extension to file to 300 days.
- These time limits don’t pertain to claims that fall under the Equal
Pay Act, as persons don’t need to file a charge with the agency in
order to go to court.
- Since many of the EPA claims fall under the Title VII “sex
discrimination” topic, it could be a good idea to file charges under
each law within the specified time limits.
To protect your legal rights, it’s a good idea to get in touch with the EEOC right away when you suspect you have been discriminated against.
Federal employment applicants and current federal employees need to check out the Federal Sector Equal Employment Opportunity Complaint Processing.
What Agency Deals With Charges That Fall Under Both Local and/or State Laws?
Many cities and states have laws on discrimination and agencies that are responsible for enforcing them. The EEOC refers to them as the “Fair Employment Practices Agencies” or FEPAs). By sharing information, the bodies avoid duplicating their efforts and, at the same time, ensure that the charging party’s rights are protected under state and federal law.
If the FEPA receives a charge that governs protections under federal law, the agency will dual file with the EEOC to protect the charging party’s federal rights. The FEPA will retain the charge to handle.
If the EEOC receives a charge that’s covered by both the local and state law, the EEOC will dual file the charge with the local and state FEPA but will also retain the charge to deal with.
How Are Out Of Country Discrimination Charges Filed?
Any U.S.-based company that hires U.S. citizens outside the country or in the territories are still covered under the EEOC laws, with certain exceptions. A person who alleges an EEOC violation outside the country will need to file a charge at the district office that’s closest to his/her employment headquarters. If a person is not sure where he/she needs to file, a charge can be made at any EEOC office.
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