How to File an Employment Discrimination Charge
Ever been a victim of discrimination at work? Have you been wrongfully terminated just because of your race, sex, nationality or religious affiliation? Are you planning to file an employment discrimination charge against your employer? Well, you might want to check out this guideline first to help you out.
1. Who can file a discrimination charge? If you believe that your employer has violated your employment rights, then you can definitely file a charge against them. You can also have another person, organization or agency file the charge on your behalf to protect your identity.
2. How can you file a discrimination charge? You can do this by first filling out an intake questionnaire and submitting it to the proper authorities like the Equal Employment Opportunity Commission (EEOC). Remember that any intake questionnaire and other correspondence can constitute a charge under the statutes enforced if it contains all information needed by the EEOC regulations governing the contents of a charge and constitutes a clear request for the agency to act.
3. What information do you need to file a discrimination charge? You will need you name, address and telephone number, as well as the name, address and telephone number of your employer, employment agency or union that you are filing the charge against. You should also provide a short description of the alleged violation and the date when it happened.
4. Is there a time limit for filing a discrimination charge? There are certainly strict time limits that should be followed when filing a discrimination charge. First, a charge should be filed within the EEOC within 180 days from the date of the alleged violation in order to protect the charging party’s rights. This, however, can be extended to 300 days if the charge also is covered by a state or local anti-discrimination law. Filing a charge with the EEOC should also be done before filing a private lawsuit in court.
5. What is the plan of action for states and localities with anti-discrimination laws? In these situations, the EEOC usually refer the charge to agencies responsible for enforcing state and local anti-discrimination laws, which are called “Fair Employment Practices Agencies” or FEPAs. By doing this, duplicate charges can be avoided while ensuring that your rights are still protected under both federal and state laws.
These are just some tips and guidelines that you should keep in mind for when you feel your right as a citizen is being violated by your employer. But to be sure about what to do when this situation arises, try seeking the help and advice of a good NY discrimination lawyer.
Related posts: