In a perfect world, everyone would immediately report illegal workplace harassment or discrimination with full confidence that their employer will swiftly fix the issue without any negative consequences. Unfortunately, things are never that simple.
Victims of unfair treatment in the workplace must confront the fear that their employer will punish them for reporting misconduct—potentially endangering their job security. Thankfully, it’s illegal to retaliate against a worker for filing a complaint with the Equal Employment Opportunity Commission or similar agencies while still employed.
What Is the EEOC?
The EEOC enforces federal workplace discrimination and harassment laws, such as Title VII of the Civil Rights Act of 1964. The agency defends workers’ rights based on protected characteristics, including sex, race, nationality, disability status, sexual orientation, gender identity, age, pregnancy status, and weight.
The EEOC works alongside state agencies that enforce local regulations, often engaging in “work-sharing” agreements that allow claimants to file with multiple agencies at once if their jurisdictions potentially overlap.
How to File an EEOC Complaint While Still Employed
The EEOC accepts complaints through four different methods: Online, in person at a field office, over the phone, and through mail. Details on how to file through each method are available on the agency’s website.
To file a complaint, the applicant must include the name, address, and telephone number of the affected worker and their employer, as well as a description of the underlying behavior and when it occurred.
Once you file a complaint, the EEOC will inform your employer within 10 days and send a copy of the charge. While it’s illegal for the company to retaliate against you for filing a complaint, be sure to continue performing all your job responsibilities as normal to avoid giving your employer cover to terminate you for an employment-related reason.
Who Can File a Complaint with the EEOC?
Any worker can file a complaint with the EEOC over a perceived violation of their rights as an employee, regardless of their immigration status, seniority, or the permanence of their position. Additionally, anyone can file a complaint on behalf of an anonymous worker.
For the complaint to be valid, it must center on harassment or unfair treatment based on a protected characteristic—or retaliation for reporting such behavior. Refusing a worker’s reasonable requests for religious, disability, pregnancy, or medical accommodations is also considered illegal employment discrimination.
What Are the Time Limits for Filing an EEOC Claim?
The EEOC’s filing deadlines are much shorter than the relevant statute of limitations in most states, with claimants typically only having 180 days to make a complaint after an incident. However, if the behavior that led to the complaint also potentially violated state law, you may have up to 300 days to file.
Our experienced employment lawyers can help you gather evidence and file a strong complaint within the EEOC’s time constraints.
What Happens After I File My Complaint?
In some circumstances, the EEOC will offer to hold mediation proceedings between you and your employer, aiming to find a solution to the issue before initiating an investigation. If that doesn’t work, or the EEOC decides not to mediate the dispute, it will assign an investigator to your case.
Depending on the circumstances of the case, the investigator will request documents and interview your employer or other witnesses. If the EEOC finds your employer violated the law, it will issue a letter and attempt to broker a settlement between you and the company to resolve the matter out of court. If that fails or the agency finds no violations, it will close the investigation and issue a “right to sue letter,” giving you 90 days to file a lawsuit.
What Should I Do If I Experience Retaliation?
Filing a complaint with the EEOC is considered a “protected activity” under federal law, making it illegal to take negative employment actions against workers in response.
However, that doesn’t mean employers won’t try to get away with it. A company might attempt to demote or terminate a complaining employee under work-related pretenses or punish them more subtly by giving them unfavorable work assignments, cutting their hours, or creating a hostile work environment.
If you or a co-worker must file a complaint with the EEOC, take notes on all interactions with your employer in case of retaliation. Preserve any communications that might imply issues with performance or indicate any souring of your relationship with management. Having this information can help you argue against any pretexts the company may use to justify retaliation.
Contact Joseph & Norinsberg For Your Employment Law Cases
The skilled employment lawyers at Joseph & Norinsberg have more than 75 years of combined experience protecting the rights of workers like you. We can help you gather evidence and file a successful complaint with the EEOC, taking care to preserve your current employment and prepare for any retaliation.
Contact us online or call 212-227-5700 today for a free consultation.
