Discrimination Complaint Process Explained

HR Complaints Discrimination Complaint Process Explained

Discrimination Complaint Process Explained

If you, or an employee in your workplace, has been a victim of discrimination by your manager, a customer, or a fellow employee; or you are a job seeker who has experienced discrimination while applying for a job, you should file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC).

Even after you have reported to your HR, it is also necessary to let the government know to prevent further discrimination of other employees. If you are worried about confidentiality, you can use DoNotPay to help you file an HR complaint while protecting your identity. 

Types of EEOC Discrimination Complaints 

The EEOC is the federal body approved by the US government to fight all forms of discrimination in the workplace, and handle all cases of discrimination against people seeking jobs. The types of discriminations which you should report to the EEOC are those that target your:


  • Race
  • Skin color
  • Religion
  • Age
  • Country of origin
  • Sex and sexual orientation
  • Disability
  • Other protected classes

The Discrimination Complaint Process

Private Sector Discrimination Complaint Process

Time Frame  Procedure Note
1-180 days 
  • File your charge through any of the channels provided by the EEOC
Remember to always report to HR before reporting to the EEOC
1 – 10 days after filing
  • Your complaint will be delivered to your employer
  • The EEOC will begin steps to mediate between you and your employer
  • The case ends if you and your employer settle through a mediator
Mediation can take up to three months
1- 180 days after filing
  • If mediation fails, the case will enter into the investigation phase, and your employee is required to officially respond to your charge
  • The EEOC can subpoena your employer if they fail to cooperate with the investigation
Investigation can take up to 10 months 
After 180 days of filing This depends on your type of discrimination case and if it was filed under Title VII 

Federal Sector Discrimination Complaint Process

Time Frame Procedure Note
1- 45 days
  • You should first contact your local counselor assigned to your workplace and inform them of the discriminatory incident
  • If ADR fails, your EEO counselor will permit you to officially file a complaint at the federal agency’s EEO office
1-15 days after a failed Alternative Dispute Resolution (ADR).
  • You should file your complaint within this time limit.
Late filing is one of the common grounds for case dismissal
1-180 days after filing
  • The EEOC commences the investigation 
  • At the end of the investigation, you can either let the EEOC pronounce a decision on your complaint or opt for a hearing before an EEOC administrative judge.
1 – 30 days after the conclusion of the investigation.

 

1 – 40 days after a public hearing The EEOC will decide if they adopt the judge’s decision or take a different stand as their final verdict
1- 30 days after EEOC’s final verdict If you or your employee disagrees with the decision of the EEOC, you can file for an appeal during this period
1 – 30 days after appeal verdict
  • You can also apply for reconsideration of the appeal decision
  • The outcome of this reconsideration is final and cannot be appealed further
You can do this only if you can prove that the decision was given in error

 

Channels For Filing Discrimination Complaint

The table below outlines four channels for you to file a discrimination complaint with the EEOC.

Channel Details
EEOC Branches You have to walk into any of the 53 EEOC branches to file your complaint on a pre-scheduled appointment day
Telephone You will have to make use of any of the dedicated hotlines below to call in to lay and your discriminatory complaints:

  • 1-800-669-4000
  • 1-800-669-6820 (for people with hearing disabilities)
  • 1-800-234-5122 (videophone for sign language)
Mail You can draft a letter or file a complaint form with the details of your:

  • Name
  • Email
  • Phone number
  • Contact address
  • Contact details of the employer 
  • Name and contacts of witnesses
  • A narration of the event that took place and what type of discrimination it falls under.
  • Your signature
Local Employee Protection Agency You can visit a Fair Employment Practices Agencies (FEPA) office to file your complaints. They work with the EEOC and share reports on all claims.

File a Discrimination Complaint Today Through DoNotPay!

Before filing a formal complaint through the EEOC, determine whether or not it can be resolved through HR. If you’re worried about facing backlash or even getting fired, remember that you are protected by law and that you are legally entitled to speak up. Let DoNotPay help fight for your rights! All you need to do is:

1. Open the Anonymous HR Complaints product on DoNotPay.

2. Fill in your employer’s name and HR department mailing address.

3. Explain clearly the issues that you are experiencing and how you want them resolved.

 

That’s it! The robot lawyer does the rest and delivers your complaint directly to your company’s HR department! 

DoNotPay is Your Personal Lawyer

DoNotPay does not stop at just HR complaints. In addition to employment issues, DoNotPay can help you with other day-to-day legal matters such as:

  1. Catching Robocallers
  2. Canceling any service or subscriptions
  3. Connecting with an inmate
  4. Avoiding college application fees
  5. Stopping email spam

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