The Charge of Discrimination: How Job Applicants and Employees Legally Deal with Intolerance
If a job applicant or employee has good reason to believe they’ve been the victim of discrimination, the first step for rectifying the situation is to file a charge. The Charge of Discrimination is a document that is filled out by the affected party and forwarded to the U.S. Equal Employment Opportunity Commission before filing a suit in federal court.
Who can file a Charge of Discrimination?
The U.S. Equal Employment Opportunity Commission or EEOC is a state agency responsible for enforcing federal laws that make discriminating against a job applicant or an employee illegal based on a person’s race, color, religion, gender, national origin, age (40 or older), disability or genetic information.
Any person, who suspect they’ve been discriminated against has the right to file a Charge of Discrimination.
When to file a Charge of Discrimination with the EEOC
If you’ve been discriminated against at work or when applying for a job, it’s recommended to act as quickly as possible. You’ll need to file an EEOC complaint form or Charge of Discrimination within 3 months of the incident taking place.
Note that if you don’t file a charge, filing a suit in federal court based on the laws which the EEOC is bound to enforce, will not be possible.
How a Charge of Discrimination is filed with the EEOC
In order to file a Charge of Discrimination with the EEOC, you’ll need to contact a field EEOC office. After a brief interview you may be asked to complete an EEOC intake form, which will require your name and contact details; the name, and phone number of the employer you believe discriminated against you and a brief description of the events surrounding the discriminatory act.
The EEOC will contact you within several days and tell whether your claim fits within the laws they enforce based on the information you’ve provided. Regardless of the decision, you have the right to file a Charge of Discrimination and retain your right to file in federal court.
PDFfiller offers a fast and secure way to fill out the EEOC complaint form online, electronically sign, and email or fax it from any internet connected device regardless of your location. With PDFfiller, you can also print out a physical copy of the completed EEOC intake form or EEOC complaint form for submission in person or by mail to the EEOC agent handling your claim.
What to expect after you file a Charge of Discrimination with the EEOC
After the EEOC has completed its review of your claim, the agency will contact your employer and try to settle the case in conciliation. If your employer and the EEOC reach an agreement and you get the job or the benefits you were unlawfully deprived of, your claim will be closed. If you, your employer and the EEOC don’t reach an agreement, the agency decides whether to file a lawsuit or grant you the right to file a lawsuit yourself.
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