How to File an Employment Discrimination Claim

How to File an Employment Discrimination Claim

If you believe your employer has discriminated against you unlawfully, it will be very important to take action as soon as possible. You can either file yourself, or you can have a representative such as an attorney file on your behalf. Here is some information on what you can expect during the process.

Filing the Claim

You must file your complaint with the Equal Employment Opportunity Commission, or EEOC within six months from the date that the discriminatory incident took place. Typically, the sooner you file your claim, the better your chances of success will be. You can file the claim at your local EEOC office or do so by mail. Call 1-800-669-4000 to find your nearest EEOC location.

When filing the claim, you’ll need to provide basic information such as your name, telephone number and address, and you’ll also need to be ready to give specific information about your employer. This not only means basic name, address and number information, but also a description of the incident and the date it occurred.

After You File

The EEOC will investigate your claim once it is filed. This is where the details of the incident will become extremely important — they will go a long way toward determining what type of investigation takes place. If the EEOC feels your claim is significant, it may begin a priority investigation on your behalf. Otherwise, it will be placed in a review process so the Commission can determine how likely it was that your employer practiced illegal discrimination. An investigator will very likely visit your workplace to conduct interviews and obtain further details.

There is, however, a chance that you and your employer will be asked to go into mediation to resolve your differences. If that is not an option, the EEOC will continue its investigation.

Examples of Employer Discrimination

Discrimination typically occurs on the basis of age or gender, but it there are also examples of religious discrimination as well:

  • Age — Employers are forbidden by law from specifying any sort of age preferences when advertising available positions. They must also generally provide the same benefits regardless of the age of their employees.
  • Gender — Companies must not discriminate by gender when paying a salary when workers have the same skills, position, responsibilities and qualifications. In addition, Title IX is a federal statute that prohibits exclusion or the denial of benefits regarding any educational activity or program that receives financial assistance from the government.
  • Religion — Employers are not only prohibited from discriminating based on a person’s religious beliefs, but they must also make reasonable accommodations to those beliefs.

If you would like to learn more about filing an employment discrimination claim or if you want to speak to an attorney about how to ensure your rights are protected, get in touch with us at Irpino, Avin & Hawkins Law Firm. Give us a call at 1-800-7500-LAW or contact us online to schedule a consultation.

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