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The EEOC is a federal agency created to handle cases of employment discrimination. Additionally, the EEOC gives you a choice to file a complaint with your state employment agency instead of the EEOC. Some states provide more protection and afford plaintiffs more rights than the federal government, so it may be beneficial to file with the state agency. Check your state's Department of Labor website to see if you have a state agency. California, for example, allows applicants to request an immediate "right to sue" letter. This means that you would not need to wait to exhaust your administrative remedies before going to court, as you would with the EEOC. California law also prohibits "English only" policies and discrimination based on sexual orientation, which federal law does not. Moreover, it defines "disability" more broadly than federal law. In some cases, you will need to work through a company policy for filing a grievance before you file a complaint with the EEOC or your state agency. If you are thinking of quitting and filing a constructive discharge claim, then you will need to follow your company's policies for reporting harassment or otherwise hostile conduct. Look in your employee handbook and follow any procedures. If you belong to a union, then you should contact your union representative. Unions often have contract provisions that limit the ability of union workers to file work-related lawsuits. Employment law differs from state to state, and the facts of your case are unique. Only a qualified employment attorney can offer tailored legal advice. To find an attorney, contact your state bar association. They should have a referral system. If costs are a concern, ask about a contingency fee arrangement. Under this arrangement, an attorney only gets paid if she wins your case. Typically, she will get around 33% if the case settles and up to 40% if the case goes to trial. You will, however, be responsible for most court costs (such as filing fees, expert witness fees, and court reporter expenses). The EEOC has field offices around the country. Usually, you would file your complaint at the EEOC office that is nearest you or your place of employment. To find an office, visit this website and enter your zip code. If you are looking for a state agency, then check with your state's Department of Labor. You should contact the EEOC (or state office) as soon as possible. There are many different deadlines that you will need to meet when pressing your claim for discrimination. Generally, you must file a complaint with the EEOC within 180 days from when the discriminatory act happened. If your state has laws that prohibit discrimination on the same basis as federal laws, then the deadline is extended to 300 days. You can file a complaint in person at any EEOC office that you choose. Each office has its own procedure for how complaints are filed. However, you will typically be interviewed by an EEOC staff lawyer. During the interview, the staff member will evaluate whether or not your employer's actions seem to be illegal discrimination. If you can't stop in, you can file by mail. To file by mail, send the EEOC a letter that includes the following information: your name, address, and telephone number the name, address, and telephone number of the employer you want to file your complaint against the number of employees employed there (if known) a short description of the events you believe were discriminatory when the events took place why you believe you were discriminated against your signature (required to begin the investigation) After interviewing you and receiving your complaint, the EEOC will decide whether or not to pursue your claim. Their decision will be mailed to you. If the EEOC wants to pursue your complaint, they will send you a "Charge of Discrimination" form that describes the incident you described. You must review it and then sign it before sending it back. Once the EEOC receives your signed "Charge" form, it will interview your former employer and try to facilitate a settlement. The EEOC has 180 days to decide whether or not to pursue your claim. If 180 days elapse, then you can request a "right to sue" letter, which authorizes you to file a lawsuit in federal court against your former employer. Once you receive the letter, you have 90 days to file suit in federal court.
Determine whether to file with a state agency. Take any required preliminary steps. Consider hiring an employment attorney. Locate the appropriate agency office. Set up a meeting with the EEOC office. Fill out your complaint. File by mail. Wait for the decision. Ask for a "right to sue" letter.