Learn How to File a Discrimination Charge

workers may file a wrongful termination discrimination charge if they believe their former employer violated their civil rights. Filing a charge of discrimination in requires submitting a claim to the Equal Employment Opportunity Commission (EEOC), which is the organization that enforces laws on civil rights in the workplace. In the United States, the EEOC investigates complaints to determine if employers discriminated against employees. It is vital for wrongfully terminated employees to know how to file a charge of employment discrimination before pursuing a civil lawsuit against the business. To learn more about how to file a charge of employment discrimination, see the following topics:

  • Before filing a charge of discrimination
  • How to file an EEOC employment discrimination
  • When to file with the EEOC
  • After filing a charge of discrimination
  • Resolving a job discrimination dispute

Before Filing a Charge of Discrimination

Prior to filing a charge of discrimination, claimants need to understand what constitutes discrimination. The term refers to firings based on a person’s race, religion, color, age, sexual orientation, disability, national origin, gender identity or genetic makeup. Individuals may file a wrongful termination discrimination charge when they believe they experienced employment termination based on any of those factors. Workers may also file a wrongful termination discrimination charge if the employer retaliated against them when they reported or opposed a discriminatory practice.

Find Out How to File an EEOC Employment Discrimination

To file a wrongful termination discrimination charge, individuals may do so in person or via the mail. To start the process of how to file an EEOC employment discrimination, applicants can also call the main EEOC number with basic information. Agents can explain how to file a charge of employment discrimination to individuals who are uncertain of what steps to take as well as forward data to local EEOC office to continue. Claimants can find out more in our free guide by clicking here.

Contact the closest EEOC field office to find out their in-person procedures, as each field office has unique procedures regarding walk-ins and appointments. When filing a charge of discrimination in by mail or in person it is important to include all pertinent data pertaining to the termination. This can include contact information for the petitioner as well as the former employer. Claimants should detail what happened, when and why they believe discrimination occurred. Mailed claims should include the claimant’s signature.

When to File With the EEOC

An important aspect in the process of how to file an EEOC employment discrimination is the time limitation, as employees must file discrimination charges within a reasonable amount of time. Federal employees or job applicants usually must contact an EEOC counselor within 45 days of the occurrence. Others must file a wrongful termination discrimination charge within 180 days of an act of discrimination, depending on the infraction. If the discriminatory act is in direct violation of a state or local agency, the petitioner may have as many as 300 days to file. It is best to file right away in order to resolve the dispute as soon as possible. If the petitioner files after the mandatory deadline, EEOC will not investigate the case.

After Filing a Charge of Discrimination

When individuals file a wrongful termination discrimination charge, the EEOC will provide a copy of the charge to the petitioner and the employer as well. If during the course of how to file a charge of employment discrimination in the EECO determines the charge is not a civil rights violation or something enforceable by the agency, they will close the investigation and notify the petitioner. However, denied claimants may still meet eligibility requirements to collect unemployment.

The EEOC may decide mediation is a good resolution for employer and employee disputes. The employer must give a written response about the former employee filing a charge of discrimination in if the mediator cannot get both parties to agree to a solution. The petitioner may also provide a response upon request. The EEOC will then review the information, gather additional documentation and interview any witnesses. Once EEOC completes the investigation, they will inform the petitioner and employer of their findings. Workers who need to file for unemployment insurance following filing an unemployment discrimination can find out more by clicking here.

Resolving a Job Discrimination Dispute

After filing a charge of discrimination, there are several possible outcomes. If during the process of how to file an EEOC employment discrimination the agency determines the employer committed a violation, the employer must cease discriminatory actions and prevent it from happening again. The employer may also have to pay fines that vary based on the infraction. Likewise, the discriminated former employee may demand recompense for the violation. Workers who file a wrongful termination discrimination charge and win may opt to file a civil lawsuit against the business. The victim may also be entitled to any lawyer fees, court expenses or other legal costs expended in the discrimination case. Click here to find out more about filing charges against former employers by downloading our free and comprehensive guide here.