To provide equal employment opportunities for everyone, the federal and state government has enacted laws that prohibit discrimination based on gender, color, race, national origin, age, disability, religion, marital status, sexual orientation, and pregnancy.
While there are strict laws that regulate and oversee companies and employers, discrimination is still a major social problem as it creates unsafe working environment, causes economic damages, and dehumanizes workers.
To deter employers from implementing unfair labor practices and discrimination, the government enacted the Civil Rights Act of 1991 that allows workers to recover economic damages caused by discrimination.
According to the Equal Employment Opportunity Commission (EEOC), a federal agency that accommodates all employment complaints, victims of work-related discrimination recover hundreds of millions in settlement every year.
For workers who believe that their companies have committed some form of abuses, filing an employment discrimination claim can help them to correct these unlawful practices.
Meanwhile, if a worker wants to file a discrimination claim against his company but does not want his identity to be known, the EEOC said he may be represented by another individual or a worker’s union.
Before filing a private lawsuit, the EEOC requires workers to file their complaints to the agency, except when the suit involves wage discrimination or the violation of Equal Pay Act.
To file a complaint, workers can go the nearest EEOC office or to its website to get a questionnaire which should be provided with this relevant information:
• The aggrieved party’s name, his contact number, and his current address.
• The name of the employer/company accused of committing unlawful discrimination. The employer’s contact number, address, and his number of workers (if known) should also be provided.
• A short account of the alleged employment violation including the date/s.
When filing an employment discrimination claim, workers should consider the time limit. According to EEOC, a person should file his case within 180 days after the alleged violation occurred. This deadline is extended to 300 days if the violation is covered by the state anti-discriminatory law.
The federal anti-discriminatory laws also cover American employees working in a US-based company which operates outside the country. However, non-American workers are exempted from these laws.
Resolving discrimination charges
For employers who believe that they have violated the anti-discrimination law, they can resolve the charges, even before EEOC conducts an investigation, through a mediation process. However, the agreement should be voluntary on the part of a worker.
Meanwhile, if the EEOC has conducted an investigation and found out the company has committed unlawful discrimination, employers can resolve the charges through a settlement or conciliatory process only if the complainant will agree to it.
According to lawyers, these out-of-court settlements have more advantages compared to court proceedings which usually take a longer time.
In case that these remedy processes are unsuccessful, workers can file an employment lawsuit in a federal court. In some instances, the EEOC files a discrimination case before a court on behalf of a complainant.
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For your concerns regarding Filing an Employment Discrimination Claim, you can consult with our experienced employment attorneys. You can visit our website for legal consultation.
