Some employees face different forms of unprofessional conduct or suffer harassment from co-workers. The discrimination could be based on sex, age, or race. What should be done then? File a formal complaint to the HR department? How does one deal with the backlash? Here are some tips:
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A charge of discrimination is a signed statement that asserts an organization’s engagement in employment discrimination, requesting remedial action from the Equal Employment Opportunity Commission (EEOC) or a similar state agency. There are time limits for filing a charge – the 180-calendar-day filing deadline, for instance, is extended to 300-calendar days if state or local agencies enforce a state or local law prohibiting employment discrimination on the same basis.
Complainants can visit an EEOC office after scheduling an appointment online through the EEOC Public Portal. They may submit an online inquiry and undergo an interview. Complaints can also be lodged by telephone or mail, or at a state or local Fair Employment Practice Agency (FEPA).
It also important to report discriminatory conduct to your employer, since the courts dislike having to decide disputes that could already be resolved among the litigating parties on their own. The victim should do something to make the act known to individuals who could have stopped the discrimination. .
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Employees should make employers aware of the discriminatory or harassing act, and demonstrate that they are taking the matter seriously. If they don’t receive a response from the employer, then it’s time to consider contacting the federal EEOC for further action.
Attorney Dan DeKoter is a lawyer and a partner at DeKoter, Thole, Dawson & Rockman, PLC. His general practice places emphasis on civil litigation, including personal injury, insurance defense, and business disputes, estate planning and administration, and business and employment law. Learn more about legal matters on this page.
