Escalate Discrimination Issues and Learn How To File a Discrimination Complaint Against an Employer
Discrimination at work can be draining, frustrating, and even bad for your health. Ongoing discrimination—even though your company’s policies may forbid it—cannot always be resolved using internal processes.
If you are experiencing sustained discrimination and have tried everything to fix the problem to no avail, you may need to take the matter further. DoNotPay can help you file a discrimination complaint against an employer.
When Should You File a Complaint?
Filing a discrimination complaint against your employer is a serious step to take. You are alleging that your employer has acted illegally, and your allegation will lead to an investigation and possible legal action.
Discrimination at work can take many forms, the most important of which are:
|Direct discrimination||Direct discrimination is overt and easy to spot, involving actions by the employer which directly affect you based on your:
An example of direct discrimination would be your employer telling you that you are not eligible for promotion to a client-facing role because of your disability
|Indirect discrimination||Indirect discrimination is more subtle and occurs when an ostensibly fair company policy disadvantages an individual or a group of employees. Examples of indirect discrimination would be:
Indirect discrimination via company policies can also result in wage disparities affecting individuals or groups in the workforce
|Harassment||Harassment is the most difficult form of discrimination to prove as it is usually covert and difficult to document. Harassment can take many forms, including:|
If you feel you are a victim of any of these, your first course of action should be to address the issue internally by talking to your supervisor or the HR department. When you do this, you should make sure:
- Your complaints are recorded officially
- You have a record of each incident of discrimination, including:
- When it occurred
- What happened
- Who was involved
- Who witnessed the occurrence
If your company takes discrimination seriously, you may find that the issue will be resolved without any further action.
If not, that is the time to file a discrimination complaint against your employer.
Who Should You Complain To?
The Equal Employment Opportunities Commission (EEOC) is mandated to investigate any complaints of discrimination made against companies of more than 15 employees.
Once the EEOC receives your complaint—called a charge of discrimination—you can choose your next step, which could be:
- Allow the EEOC to investigate your claim
- Contact a discrimination lawyer to launch a private lawsuit
Allow the EEOC To Investigate Your Claim
The EEOC will examine your evidence and contact your employer to elicit more information. Based on the results of their investigation, the EEOC case officers will then decide whether or not to launch legal action against your employer.
EEOC officers are highly professional and understand how to get the best results out of an investigation. In dealing with your employer, they will take into account:
- Your employer’s willingness to cooperate
- Your employer’s previous record on discrimination
- The nature of the alleged discrimination
Based on these factors, the EEOC officers will then decide whether to:
- Dismiss the case
- Attempt mediation to achieve a settlement
- Commence legal action
Contact a Discrimination Lawyer To Launch a Private Lawsuit
If you do not feel the EEOC is helping, you can contact a discrimination lawyer for advice and possible further action. The lawyer will investigate your case and recommend a course of action.
You should bear in mind that discrimination lawyers can be expensive—if you launch a private lawsuit and lose, you may be liable for considerable expenses.
How Do You File a Complaint?
An EEOC charge of discrimination is a statement written and signed by you that lists the allegations you are making against your employer. You need to lodge your charge of discrimination within the following timeframes:
- 180 days for most cases
- 300 days if your state, county, or municipality has local legislation that goes beyond federal discrimination laws
- 45 days for cases against federal employers
You can file a charge of discrimination with the EEOC using the following methods:
|In person||The EEOC has field offices in many locations. You should normally schedule an intake appointment at which an EEOC officer will interview you to determine your best course of action|
|By letter||You can submit a charge of discrimination by post using the EEOC’s charge form|
|Online||The EEOC accepts online submissions of complaints, but you need to log in to their public portal|
The EEOC likes to interview employees before they file a complaint against their employer, but DoNotPay believes that lodging your charge of discrimination should be easy and quick.
Is There an Easier Way?
DoNotPay can help you by taking all the hassle out of lodging your charge of discrimination.
All you have to do to file your complaint via DoNotPay is:
- Go to DoNotPay’s site in your web browser and sign up
- Look for our Fight Workplace Discrimination product
- Fill in the details of your case
DoNotPay will file the complaint with the EEOC on your behalf—it’s as easy as that!
Should I Expect Problems for Complaining?
Federal law is strict on retaliation if you have made a complaint of discrimination against your employer.
If you experience any retaliation as a result of filing a complaint against your employer, this makes their position worse and can lead to severe penalties.
You should record and report any retaliatory action you experience immediately.
Is It Worth Filing a Complaint?
If you win a case of discrimination against your employer, you can expect one or more of the following forms of compensation:
- Reimbursement of lost pay
- Damages for emotional trauma
- Punitive damages
- Reinstatement of lost benefits
- Reimbursement of your legal costs
DoNotPay Is on Your Side
Is the discrimination you’re facing at work turning into proper harassment or even stalking? Are you considering suing your manager or colleague in small claims court? These unpleasant situations usually require lawyers, but they come with hefty fees.
DoNotPay is a powerful AI-powered app that can lead you through a small claims court case against anyone or serve them with a cease-and-desist letter. If discrimination turns into a hate crime, we can help you file for crime victims compensation or make a claim on your insurance.
Whenever you need to draft, fax, or mail legal paperwork, you can open our platform and use our fast and reliable tools for that. With our help, you can even have your documents notarized by an online notary!
The Multi-Purpose Platform That Makes Your Life Easier
If you’ve had enough of that toxic atmosphere at work and want to escape somewhere for a week or two, DoNotPay might turn out to be the perfect travel buddy. Our app won’t do much when you’re drinking cocktails at a beach, but it will do wonders if you run into problems.
We can help you generate a child travel consent form, get airline compensation for canceled or delayed flights, jump the queue when you must contact customer service as soon as possible, or get a refund for all kinds of unsatisfactory purchases.
From fighting discrimination to solving travel woes—that’s how diverse DoNotPay’s portfolio is!