It’s one thing to suspect you are the target of employment discrimination, but another to know what to do about it. Even if all your coworkers agree there is a problem, you still need to use the proper channels to stop workplace harassment. Find out how to report job discrimination at work and what a lawyer can do to help.

In this blog, I will review the various methods to report job discrimination, as well as discrimination in hiring. I will explain how consulting an attorney early in the process can help you secure your claim and protect your rights.

When to Report Job Discrimination

Employment discrimination happens whenever an employer bases work decisions on a protected trait of its employees. This can include hiring, firing, promotions or wage negotiations, as well as shift and duty assignments. Job discrimination can also take the form of harassment when a manager, supervisor, coworker, or even customer creates a hostile work environment because of statements or actions related to an employee’s protected traits. These traits include:

• Race
• Color
• National origin
• Sex or gender
• Pregnancy
• Religion
• Disability
• Age

When job discrimination happens, it should be reported as soon as possible. But where and how that report is filed will depend on the circumstances including your employer’s code of conduct, you state laws, and your desired outcome.

Internal Job Discrimination Reporting

In most cases, there will need to be some form of internal complaint process about working conditions before a report can be filed with the Equal Employment Opportunity Commission (EEOC) or a lawsuit filed in court. On the most basic level, asking coworkers to stop making flirtatious comments or using racial slurs, for example, is an important step to proving the behavior was unwanted.

The formality of your internal job discrimination complaint will depend on your employer’s policies. It could be as simple as sending an email to your boss or the head of the company. The bigger the business, the more likely it will have a formal complaint procedure. This is usually included in an employee code of conduct. It will lay out who receives complaints and what form they should take. No matter how straightforward the process, always document your complaints in writing (including email). Even if you have a chat with your boss, follow it up with an note thanking him or her for listening and reciting any next steps that were planned.

If you work in a labor-controlled field, reporting job discrimination will most likely include filing a grievance with your union representative. Labor unions often have strict procedures that govern when they will advocate on behalf of an employee. Failing to follow those procedures can interfere with your claim later on.

Many workplace harassment claims are successfully resolved through internal reporting. However, if your complaint is against your supervisor, especially if it has to do with employment decisions, you should be prepared to take the matter outside the office. Also, if your complaint is that a company failed to hire you because of job discrimination, you do not need to comply with its internal reporting policies.

Filing an EEOC Complaint

When internal reports can’t solve the problem, you may need to report job discrimination to the EEOC or an equivalent state agency. You do this by filing a charge at one of the agency’s field offices (generally the office closest to where you live or work). In many states, “worksharing agreements” between the EEOC and the local Fair Employment Practices Agency (FEPA) will result in simultaneous complaints being filed for violations of both state and federal workplace discrimination laws. One investigation applies to both claims and results in determinations by each agency based on its on laws.

There are time limits to filing discrimination charges with the EEOC. Generally, an employee must issue his or her job discrimination report within 180 days of the event. This deadline is sometimes extended to 300 days, if state or local laws also apply. Federal employees are under a much tighter deadline. They must usually file their complaints with the EEOC within 45 days of the incident. These are rolling dates, so if multiple instances of discrimination were involved, the employee can only receive compensation for events that happened within the appropriate period immediately before the charge was filed.

Filing a Federal Lawsuit

Sometimes, an EEOC complaint isn’t enough to address on-the-job discrimination. In those cases, an employee may need to file an employment discrimination lawsuit in state or federal court. Most of the time, the EEOC or equivalent state agency will have to sign off on the charge first, before a legal complaint can be filed. Even then, only the behavior that was part of the EEOC complaint can be included in the federal lawsuit.

An Employment Discrimination Lawyer Can Help

Even if you don’t think a federal lawsuit is necessary, it can still be a good idea to discuss how to report job discrimination with an experienced employment attorney early in the process. At Eisenberg & Baum, LLP, our employment discrimination attorneys can help you determine if what you are experiencing qualifies as illegal discrimination and create a plan to address it. We can help you understand your internal job discrimination reporting requirements so that nothing gets missed. We can also negotiate directly with your employer to correct the problem without the need for court.

Getting a lawyer involved early can also be helpful to limit the impact of retaliation. If you report job discrimination (targeting yourself or others), your employer is not legally allowed to punish you for it. Still, retaliation is a real risk. Our lawyers will help you create a plan for what to do in case your employer decides to take it out on you. We will help you:

• Identify the subtle signs of retaliation (i.e. negative performance reviews, shift assignment changes, or being passed over for promotion)
• Create a plan for preserving evidence of your employer’s discrimination
• Gather support from witnesses in the workplace
• Prepare to respond in case you are fired for filing a complaint.

An employment discrimination lawyer can also help you file your EEOC complaint and navigate the investigative process. Our employment discrimination attorneys will make sure your complaint includes all the necessary information and asserts all of your rights, including any retaliation claims. This will preserve them in case a lawsuit becomes necessary later on.

Hiring an employment discrimination attorney shouldn’t be the last straw. It should be the first step to protecting yourself and your coworkers from ongoing employment discrimination. Don’t wait until you are fired or forced to quit. Contact Eisenberg & Baum, LLP, today to schedule a consultation with a skilled employment attorney. We will help you take control of your job discrimination claim.