Experiencing discrimination in the workplace can be a deeply unsettling and frustrating experience. Whether it is based on race, gender, age, disability, religion, or any other protected characteristic, discrimination affects not only your professional life but also your mental and emotional well-being. If you find yourself facing such a situation, it is essential to know that you have rights and legal avenues to seek justice. Filing an employment discrimination complaint is the first step in holding your employer accountable and protecting your rights as an employee.
Understanding Employment Discrimination
Before diving into the process of filing a complaint, it is crucial to understand what constitutes employment discrimination. Discrimination occurs when an employer treats an employee or job applicant unfavorably because of their race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, or genetic information. This unfavorable treatment can manifest in various ways, including but not limited to hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other terms or conditions of employment. Recognizing these discriminatory actions is the first step in seeking justice.
Document the Discrimination
Once you identify that you are being discriminated against, it is important to document every instance of the discriminatory behavior. Keep a detailed record of dates, times, locations, individuals involved, and any witnesses. If possible, save any relevant emails, text messages, or other forms of communication that could serve as evidence. These records will be crucial when filing your complaint and proving your case.
Report the Discrimination Internally
Before filing a formal complaint with an external agency, following your company’s internal grievance procedures is advisable. Many employers have policies in place that require employees to report discrimination to a supervisor, HR department, or other designated personnel. Reporting the issue internally gives your employer the opportunity to address and resolve the situation. Make sure to follow up any verbal reports with a written statement, and keep copies for your records. If your employer fails to take appropriate action or retaliates against you for reporting the discrimination, this will strengthen your case when filing an external complaint.
File a Complaint with the Equal Employment Opportunity Commission
If your employer does not resolve the issue internally, or if you prefer to go directly to an external agency, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency responsible for enforcing laws against employment discrimination. To file a complaint, known as a “charge of discrimination,” you must contact the EEOC office nearest you. The EEOC has offices throughout the United States, including Pennsylvania.
When filing your charge of discrimination, you must do so within a certain timeframe. Generally, you have 180 days from the date of the discriminatory act to file your complaint. This deadline is extended to 300 days if a state or local anti-discrimination law also covers the complaint. It is important to file your complaint as soon as possible to ensure that you do not miss the deadline.
You can file your complaint in person, by mail, or online. The EEOC will require you to provide specific details about the discrimination you have experienced, including the names of individuals involved, the nature of the discrimination, and any supporting evidence you have gathered. Once your complaint is filed, the EEOC will notify your employer and begin an investigation.
What Happens After Filing a Complaint?
After the EEOC receives your complaint, they will review the information and determine whether to investigate further. If the EEOC decides to investigate, they will gather additional evidence, interview witnesses, and may even attempt to mediate between you and your employer. If the EEOC finds that discrimination has occurred, they will attempt to settle the matter. If a settlement cannot be reached, the EEOC may file a lawsuit on your behalf, or they may issue you a “Notice of Right to Sue,” allowing you to file a lawsuit in federal court.
Filing a Lawsuit
If you receive a “Notice of Right to Sue,” you have the option to file a lawsuit against your employer in federal court. This step is often complex and requires a thorough understanding of employment law. Consulting with an experienced employment discrimination attorney is crucial at this stage to ensure that your case is presented effectively and that you have the best chance of achieving a favorable outcome.
The Philadelphia Discrimination Lawyers at The Gold Law Firm P.C. Help You Protect Your Rights
Facing discrimination in the workplace is never easy, but you do not have to go through it alone. Speak with the Philadelphia discrimination lawyers at The Gold Law Firm P.C. today. Contact us at 215-569-1999 or online to schedule your free consultation with our experienced legal team. With offices in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.