Federal law may also protect against discrimination on the basis of sexual orientation, though the law is in flux. It is also against the law to harass anyone based upon one of these protected characteristics. Teasing or minor isolated incidents are not prohibited. However, if the harassment is so frequent that the work environment becomes hostile, then it is illegal. [4] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source The federal government’s Equal Employment Opportunity Commission (EEOC) has been created to investigate charges of discrimination in the workplace.
To find your state law, you can search the Internet. Type “anti-discrimination” and your state or city into a web browser. If you can’t find anything, then visit your local law library. States also have their own administrative agencies tasked with investigating charges of discrimination. These are called Fair Employment Practices Agencies (FEPA). [6] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source
Retaliation is prohibited in a variety of areas. For example, you cannot be retaliated against in hiring, firing, work assignments, pay, benefits, training, or other conditions of employment. You also do not need to be the victim of the discrimination to suffer retaliation. For example, you may report that your employer practices race discrimination against African Americans even though you are Latino. It is nevertheless illegal for your employer to retaliate against you for complaining about the discrimination. If you engage in protected activity, which includes reporting harassment, and the company takes an adverse action against you because of it, contact a lawyer, since you’ll probably have an retaliation claim to make under state and federal law.
You can also look in any employee handbooks or manuals that you have received. These sometimes outline the company’s grievance procedure. If you belong to a union, then you should also look at your collective bargaining agreement. These sometimes contain special procedures for union members to follow.
Preserve communications. You should save any emails, memos, letters, evaluations, or voice mails that you believe illustrate the discrimination or were motivated by discrimination. Take down witness names. [8] X Research source If someone else at work observed the discriminatory conduct, then you should write down their names and contact information. Write down your own memories. In order to preserve face-to-face communications, you should sit down and document the incident as you remember it. Try to write down what you remember while it is fresh in your memory. Summarize what was said or done and who witnessed the incident. Keep medical or mental health records. These can show the impact the discrimination had on you. For example, the increased stress could have resulted in high blood pressure. [9] X Research source Even if you don’t have any documentation, you might still have a circumstantial evidence case. One of the hallmarks for this is going to be a clean employment record followed by a sudden change in the employer’s attitude due to unknown reasons.
At your consultation with the lawyer, you could discuss the problems you are having and consider the advantages or disadvantages of complaining. You are not required to have a lawyer either to file an internal grievance or to file a discrimination charge with the EEOC. However, you should schedule a meeting if you need advice and don’t know what to do. For tips on how to find a qualified employment lawyer, see Find an Employment Lawyer.
If the supervisor is the source of the problem, then you can go directly to Human Resources to pursue the grievance. Call and tell the person on the other end of the phone.
Only provide copies. Originals can get lost.
Pay attention to how attentive HR or management is to your complaint. If you think that the company is not interested in rooting out discrimination or harassment, then you should proceed to filing a charge with the EEOC.
At the resolution of the investigation, you should be provided with the results in writing. You may also be told what next steps you can take internally with the company.
There is definitely a time and place for mediation. It is in your best interest, however, to delay mediation until you file a charge with the EEOC. If you resolve your dispute before filing a charge, then you will lose the right to sue your employer at a later date. Filing a charge is a prerequisite to filing a discrimination lawsuit in court. [10] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source
Where the discrimination is prohibited by both federal and state law, then a charge filed with one office will be shared with the other office. [11] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source Accordingly, if you file with the EEOC, then the charge will be shared with your state FEPA. You shouldn’t wait to file. Federal employees only have 45 days from the date of the discriminatory action to contact an EEOC counselor. All others have at least 180 days to file a charge. If your state has a law that prohibits the same discriminatory conduct, then you might have up to 300 days. [12] X Trustworthy Source US Equal Employment Opportunity Commission U. S. government agency that enforces civil rights in the workplace Go to source In any event, you should not wait too long.
your name, address, and telephone number your employer’s name, address, and telephone number the number of employees employed there a short description of the events you believe were discriminatory when the events took place that illegal discrimination was the motivation for the discriminatory events your signature
In person. You can visit the William Donald Schaefer Tower at 6 Saint Paul Street in Baltimore to file a complaint. Office hours for walk-ins are Mondays and Fridays 9:00 am to 3:00 pm. On other weekdays, you can meet by appointment only. You can call 1-800-637-6347 to start the complaint process. By letter. You can write a letter containing all of the information that a letter to the EEOC would contain. You can then mail the letter or email it. Mail the letter to Maryland Commission on Civil Rights, ATTN: Intake, William Donald Schaefer Tower, 6 Saint Paul Street, 9th Floor, Baltimore, MD 21202-1631. Email the letter to mccr@maryland. gov. Online. You can complete an online form by visiting https://mccr. maryland. gov/Pages/Inquiry-Start. aspx and providing the requested information.
