What is a Charge of Discrimination?
Believe You’ve Faced Discrimination at Work? Here’s What to Do
If you think you’ve been subject to workplace discrimination based on your race, color, religion, sex (which includes pregnancy, gender identity, and sexual orientation), national origin, age (if you’re 40 or older), disability, or genetic information, you have the right to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC).
A Charge of Discrimination is a formal, signed statement claiming that an employer, union, or labor organization has engaged in employment discrimination. By filing this charge, you’re asking the EEOC to take action to resolve the issue.
Pre-Conditions for Filing a Lawsuit
It’s important to note that you must file a Charge of Discrimination with the EEOC before pursuing a job discrimination lawsuit against your employer for all laws enforced by the EEOC, except the Equal Pay Act. Moreover, another individual, organization, or agency can file a charge on your behalf to protect your identity.
Time Constraints for Filing
Time is of the essence; there are legal time limits for filing a charge. Once a charge is filed, the EEOC is obligated to inform the employer in question.
How to File a Charge
Initial Inquiry: First, you’ll need to submit an online inquiry through the EEOC Public Portal.
Interview: After submitting your inquiry, an interview will be conducted with an EEOC staff member to assess your situation and discuss your concerns. This is the most effective way to determine whether filing a Charge of Discrimination is the appropriate course of action for you.
Need Immediate Assistance?
If you’re running low on time, find the contact details of the closest EEOC office to you.
What Happens After You File?
The EEOC is mandated to accept charges that allege employment discrimination. If your claims do not fall within the scope of the laws, if you’ve missed the filing deadline, or if the EEOC decides to limit its investigation, the charge will be dismissed. You will then be notified about your remaining legal options.