how to file a discrimination case against your employer

How to File a Discrimination Case Against Your Employer

Have you been discriminated against at work? Employment lawyers work hard each day to fight for employees that have discrimination in the workplace cases against employers. There are specific processes and statutes of limitations on discrimination cases. Therefore, it is in an employee’s best legal interest to consult a workplace discrimination lawyer as soon as possible to ensure that processes and time frames are properly followed, including submitting the appropriate documentation that makes your case the strongest it can be for the best possible outcome.

The Equal Employment Opportunity Commission (EEOC) is the federal agency that handles discrimination claims. The types of employment discrimination cases they handle include EEOC complaints for:

filing a sexual harassment and discrimination case against your employer

If you are a federal employee, discrimination cases are handled differently. A majority of workers are covered under federal and state laws that protect their rights to be treated equally at work without fear of harassment, bullying, or other types of discrimination.


Filing a Complaint With the EEOC

EEOC complaints can be filed in several ways. They have an online portal that can be used to file a Charge of Discrimination. Discrimination in the workplace cases can also be filed in person at an EEOC office or a State or Local Fair Employment Practice Agency (FEPA). The federal agency also allows you to file a claim by mail. With all of these options, you do need to have certain information to file EEOC complaints.


guide to employment discrimination in the workplace

When to File EEOC Complaints

The standard time limit that the EEOC gives for filing discrimination cases is 180 days. For states that have human rights laws of their own and have a work sharing agreement with the EEOC, this can be extended to 300 days after the discrimination takes place. This extension is allowed in Florida. You can complete a dual filing with the EEOC and the Florida Commission on Human Relations (FCHR). This dual (cross) filing needs to be communicated to the EEOC or the FCHR. It is always a good idea to consult an employment law attorney to ensure that the appropriate processes are followed.

Federal employees typically do not have as much time to file discrimination cases, so expediency is crucial, or the statute of limitations may run out.


What Information is Needed to File

The information you provide is central to the strength of your mployment discrimination cases, including basic information such as:

  • your name,
  • address,
  • phone number, and
  • the same type of information for your employer

The rest of the information includes:

  • details of what happened, who discriminated against you,
  • when it happened,
  • where it happened, and
  • if there were any witnesses such as other employees that were present during what happened

This applies to all types of EEOC claims from age and race discrimination to pregnancy discrimination, and others. Any associated documentation that you have that is relevant to the case should be saved and brought to your legal consultation with the employment law attorney. The more details and documentation that you have, the better. But even if you do not have a tremendous amount of documentation at hand, you should still consult an attorney. They can advise you to help you make the best decision in filing discrimination cases.


Potential Resolutions of Discrimination Cases

No one deserves to be discriminated against in the workplace. All workers should be treated equally and with respect. But when it does happen, there are several potential resolutions of discrimination cases. After your claim is investigated, the EEOC makes a decision on the matter. If the EEOC establishes that discrimination did occur, the employer will be asked to conciliate- or agree to try to work out settlement of the matter. The employer may agree to:

  • Reinstatement of the job if you had been fired for making a complaint about the discrimination
  • A promotion that should have been yours if you had not been discriminated against
  • Compensation including back pay and front pay
  • Other additional damages as deemed appropriate for the situation

If you are not able to work things out at that time, you may file a lawsuit against the employer provided you meet the strict time frames for doing so. Conversely, if the EEOC finds there is “no cause” to believe a violation occurred, that is not necessarily the end of the road for you. Speak to an experienced employment attorney who can advise you whether you have a viable claim- you can still file a lawsuit even if the EEOC issues a no-cause. And lastly, if the EEOC does not make a decision within 180 days of filing your charge, you may bring a private lawsuit- that is a decision you will want to discuss with counsel. There can be a wide range of compensation when EEOC complaints are resolved. Employment lawyers understand how to present the information to make your case as strong as possible.


Contact an Employee Rights Attorney

The employment and labor law attorneys at Wenzel Fenton Cabassa, P.A. fight diligently and aggressively when employers violate the law and discriminate against their employees. We understand the effect that it can have on a career and in your personal life. It can not only be difficult and stressful to you personally and career-wise, dealing with discrimination and possible retaliation like being fired from your job can greatly affect your family and your financial future. We are here to help.

Contact us today to set up a free, confidential consultation. We have worked with thousands of people across Florida hold their employers accountable and get the compensation they deserve.

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