How do I file a discrimination charge?

Discrimination in the workplace should not be taken lightly and it is important to take action to combat this issue. Discrimination consists of mistreatment, denial of benefits or job, or harassment due to your gender identity, sexual orientation, race, religion, nationality, age, disability, genetic information, or sex.

The first step in handling an instance of employee discrimination is to consult with an experienced employment law attorney who can assess your situation and help you get started with your claim. If you believe that you have been discriminated against in your current or potential place of employment, you may want to file a Charge of Discrimination with the Equal Employment Opportunity Commission. You must file your charge within 180 days from the date that the discriminatory event took place. There are certain situations in which this deadline is extended to 300 days after the discrimination occurred. If it was a situation of ongoing discrimination with many events, the statute of limitations is 180 (or 300) days from the last harassment incident.

Once you have filed your charge, the EEOC may tell you to attend mediation sessions to try and solve the issue in a peaceful manner. However, mediation doesn’t always work and cases aren’t always sent to mediation. In that scenario, the EEOC will conduct an investigation to determine whether or not any laws were violated when the alleged instance of discrimination took place. If the investigation concludes a law was violated, a settlement may try to be reached. If there is no evidence suggesting unlawful behavior, you can obtain a Notice of Right to Sue, which will allow you to bring the case to court.

If you have questions about whether or not you may have a discrimination case, consult with an experienced employment law attorney who can assess your situation. Contact the Vigilante Law Firm, P.C. today.