You must first submit a complaint with a state or federal agency before filing a harassment or discrimination lawsuit against your workplace.
If you are subjected to workplace harassment or discrimination, you should take specific actions to defend your rights. These methods may assist you in putting an end to the abuse and improving your working circumstances.
Even if they don’t, doing these steps will assist you in proving your case and preserving your right to sue if you decide to launch a harassment or discrimination complaint later.
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Speak with the Offender
The first thing you should do, as horrible as it may seem, is face the individual who is mistreating you. From a practical standpoint, this is the best method to cease the habit. Furthermore, putting the perpetrator on notice can help you establish certain crucial facts if you subsequently file a case.
In a harassment lawsuit, for example, the employee complaining of harassment must demonstrate that the action was unwelcome: that you did not enjoy it, readily participated in it, or otherwise found it to be insignificant.
This is often used in sexual harassment trials, when the perpetrator alleges that the victim laughed at his crude jokes or considered his filthy remarks charming. The easiest method to demonstrate that this behavior was not acceptable is to indicate that you informed the harasser that you were upset by it.
If the issue does not improve, try writing out your concerns. Make a duplicate for yourself.
Make a Complaint Within Your Organization
If your chat does not fix the issue – or if you decide to forego the conversation entirely (for example, because you are concerned about your safety), the next step is to file an internal complaint. Check your employee handbook or contact your HR department for information on how to submit a harassment or discrimination complaint. Then, strictly adhere to their recommendations. (Once again, preserve or get a copy of the complaint for your records.)
By complaining, you are allowing the firm to investigate and remedy the issue. However, you are also protecting your legal rights.
In a harassment lawsuit, your ability to hold the corporation accountable (rather than simply the individual who harassed you) is dependent on whether the company was aware of the harassment and had a chance to fix it. If a manager harasses you and the outcome is a concrete work action against you (such as being fired, demoted, or denied a raise), the firm will be held accountable.
If, on the other hand, you are harassed by a colleague or a manager who does not take this sort of work-related action against you, the firm may argue that it was unaware of the harassment. You are altering the situation by filing an internal complaint: The complaint alerts the firm to the issue and holds it accountable for resolving it.
In a discrimination situation, filing an internal complaint alerts the firm to the issue. If the corporation then fails to take significant measures to address the problem, you may have a stronger case for punitive damages, which are meant to penalize an employer for egregious conduct and may constitute the majority of a damages judgment in a discrimination complaint.
Fill out an Administrative Charge Form
Before you may pursue a federal discrimination or harassment case, you must first file an administrative charge with the Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.
This is a legal requirement: if you file a lawsuit without first filing a charge (technically known as “exhausting” your administrative remedies), your case will be dismissed.
Read our article, Filing an EEOC Charge of Discrimination, to learn more.
Before launching a discrimination or harassment lawsuit under state law, several states require workers to submit an administrative complaint with the state’s fair employment practices agency.
Filing Deadlines for Administrative Charges
You must file an administrative charge with the EEOC within 180 days of the most recent occurrence of discrimination or harassment. If a state or municipal agency implements a legislation against employment discrimination on the same grounds, the period is extended to 300 days (for example, on the basis of race).
States have their own deadlines for bringing claims of discrimination or harassment with administrative bodies. Employees in California, for example, have three years to submit a claim with the Fair Employment and Housing Commission (DFEH).
What Happens After You File a Discrimination Charge?
The EEOC or another agency will inform your employer after you submit a charge. The agency may dismiss your charge, conduct an investigation, suggest that you and your employer attempt to resolve or mediate the issue, or take other action.
Unless the agency chooses to bring a lawsuit on your behalf (which is very unlikely), it will finally complete processing your claim and send you a right to sue letter. You may bring a lawsuit after receiving the letter.
After obtaining your right to sue letter, there are short deadlines for submitting an administrative charge and launching a lawsuit. If you aren’t already represented by a lawyer, you should get legal counsel as soon as possible. A lawyer can evaluate the validity of your claims, ensure that you don’t miss any deadlines, design your administrative charge, and assist you in negotiating with your employer.
Filing a Lawsuit for Discrimination or Harassment
You may launch a lawsuit after receiving your right to sue letter from a state or federal administrative body. Whether, where, and when to file a lawsuit – and what to put in it – are all critical questions that will almost definitely need the assistance of a lawyer. As a result, if you are subjected to unlawful workplace harassment or discrimination, you should consult with an attorney as quickly as possible.
Consult an Employment Lawyer
Hiring an employment lawyer to represent you will increase your chances of success in your discrimination or harassment lawsuit.