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Learn the steps to follow if you suffer discrimination at work based on your religion, gender, sexual orientation or race, among others.
Discrimination is undoubtedly reprehensible behavior and can take place in different areas of our lives, but when it occurs in a work environment, the victim is not only attacked but also placed in a disadvantageous situation if the perpetrator is a boss or person with a higher rank in the company.
In this case, the only course of action is to file a complaint as a means to protect a person's dignity.
Steps to File a Complaint for Workplace Discrimination.
- 1. The complaint must be filed with the Equal Employment Opportunity Commission, in cases of discrimination based on race, gender, religion, age, origin or different abilities, since these characteristics are protected by US laws.
- 2. Go to the commission office in the state where you are; here you can check its location; in case you cannot go to the offices you can call 1-800-669-4000 or send a letter by mail explaining the case of discrimination and the evidence you have to prove the fact.
- 3. You have 180 days from the date the discrimination occurred to file this complaint.
From the moment you file the complaint, the EEOC may take one of 2 positions: mediator or investigator.
Remedial Measures for Types of Workplace Discrimination
Mediation is a confidential way in which an attempt will be made to resolve the differences between the parties; the evidence will be analyzed in order to reach a settlement agreement; in case the complainant and the accused do not reach a solution at this stage, the EEOC will initiate a discrimination investigation, which if confirmed could result in one of the following remedial measures according to the case.
- Hiring
- Reinstatement to your position
- Promotion
- Payment of back wages
- Compensation
- Payment of attorney fees, court fees and other costs incurred during the investigation process.
After completing this process you will receive a ruling, which in case of confirming the occurrence of discriminatory acts, grants you a right to sue which will remain for the following 90 days.At Conexión Legal we offer free legal advice for cases of workplace discrimination; contact us through this channel via the WhatsApp icon or by Scheduling your Consultation and explore the alternatives to resolve your case.It is important to note that if your employer is a small business, you will still have resources available to defend your rights; however the process changes since the EEOC applies only to businesses with a defined workforce, as follows:1. The law against age discrimination in employment applies to businesses with 20 or more employees.2. The law against discrimination of citizens with different abilities applies to businesses with 15 or more employees.3. The law against pregnancy discrimination applies to companies with 15 or more employees.
The above indicates that if the discrimination of which you have been or are a victim has taken or takes place in a company that does not meet the number of employees mentioned, you should contact your State's Department of Labor office for more information.
As a victim of discrimination it is important to defend your rights, but it is also important to be certain that you have been a victim of these acts, so before starting the entire process it is recommended to have the advice of an attorney, who can tell you if what happened can be a matter of sensitivities or a concrete case of discrimination.
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