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employment discrimination

How to file an employment discrimination complaint

by Harsh Upadhyay
December 11, 2021
in Civil Litigation, Layman Litigation
Reading Time: 6 mins read
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Introduction

A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. It requests EEOC to take remedial action. The laws enforced by EEOC, except for the Equal Pay Act, require you to File a charge. Before you can file a lawsuit for unlawful discrimination. In addition, there are strict time limits for filling.

Time Limits for Filing a Charge

Where the discrimination took place can determine. The 180-calendar-day filing deadline extended to 300- calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline only extended to 300 days. If there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline does not extended if only a local law prohibits age discrimination.

Online – Use the EEOC Public Portal to Submit an Inquiry, Schedule an Appointment, and File a Charge

A Charge of Discrimination can complete through our online system. After you submit an online inquiry and we interview you. Through the portal asks you a few questions to help determine whether EEOC is the right federal agency. To handle your complaint. Involving employment discrimination.

In-Person at an EEOC Office

Each EEOC office has appointments, which you can schedule online through the website andOffices also have walk-in appointments.

In the EEOC’s experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess. How to address your concerns about employment discrimination. In addition, determine whether filing a charge of discrimination is the appropriate path for you. In any event, the final decision to file a charge is your own. Therefore,   An EEOC staff member will prepare a charge using the information you provide. Which you can review and sign online by logging into your account.

You may file a charge of employment discrimination at the EEOC office closest to where you live, or at any one of the Portals office. Your charge, however, may investigated at the EEOC office closest to where the discrimination occurred. Consequently, If you are a U.S. citizen working for an American company overseas. In addition, You should file your charge with the EEOC field office closest to your employer’s corporate headquarters.

By mail

If you have 60 days or fewer in which to file a timely charge, the EEOC Public Portal will provide special directions for providing necessary information to the EEOC and how to file your charge quickly.

You can also file a charge by sending us a letter that includes the following information:

  • Your name, address, email, and telephone number
  • The name, address, email, and telephone number of the employer (or employment agency or union) you want to file your charge against
  • The number of employees employed there (if known)
  • A short description of the actions you believed discriminatory
  • When the discriminatory actions took place
  • Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or retaliation
  • Your signature

Don’t forget to sign your letter. If you don’t sign it, we cannot investigate it.

Your letter will be reviewed and if more information is needed, we will contact you to gather that information[1].

Conclusion

Do you believe that an employer doing business with the Federal Government has discriminated against you in hiring or employment? Do you believe that the reason for the discrimination was based on your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran? Did you ask about or discuss your pay or that of a co–worker and you were fired, demoted, or disciplined because of it? Therefore, If you answered yes to any of these questions, you can file a complaint with the Office of Federal Contract Compliance Programs (OFCCP). An individual, organization, or group can even file a complaint on your behalf, or for anyone who may be the victim of employment discrimination by an employer doing business with the Federal Government.

You must file a complaint alleging discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, or based on compensation inquiries, discussions, or disclosures, within 180 days from the date of the alleged discrimination unless the time for filing is extended for good cause shown. Some examples of what might be good cause include, the existence of some extraordinary circumstance that prohibited you from filing before the deadline such as a significant health issue, military deployment, incarceration, or possibly being unaware of the discrimination.

These are only a few of the possible examples of good causes. If your complaint alleges a violation based on disability or status as a protected veteran, it must be filed within 300 days unless the time for filing is extended for good cause shown. Consequently, extensions of the filing time require approval by the Director of OFCCP. You should include a description of the alleged discrimination and any other related information that would help OFCCP investigate your complaint.


[1] https://www.eeoc.gov/how-file-charge-employment-discrimination

Tags: EEOC Officeemployment discrimination complaint
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