Your Coworkers' Annoying Habits and Discrimination: Frequently Asked Questions
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
WHAT SHOULD PEOPLE DO IF THEY THINK THEY'VE BEEN THE VICTIM OF DISCRIMINATION?
You should call the EEOC or talk to a lawyer who will help you assess whether or not you have a claim, and how you should proceed. If you're accusing your employer of discrimination, it's very important that you have facts to support your charge. The EEOC or a lawyer should tell you exactly what you need to prove in order to win. (Of course, that doesn't mean you will win.) You should not file a claim against your employer if you do not have the evidence to support the claim.What you will need to prove your case depends on several factors, including the type of claim you are making (such as age discrimination, equal pay violation) and the type of employer you work for (such as a private company or government agency). Anti-dis crimination law is complex and constantly evolving, and the kind of proof you may be required to present to support a claim this year is not necessarily the kind of proof you will be required to present next year. In most cases you will have the obligatio n to show ("burden of proof") that your employer intended to discriminate. In other cases it will be the employer's burden to prove that the employment decisions were made for legitimate business reasons.
If you decide to proceed with your claim and if you are still working, you should first file an internal complaint with the company -- although you are not required to do so by law. A responsible employer should then conduct a thorough investigation to de termine whether or not your discrimination charge can be substantiated by the facts.
If you are dissatisfied with the results of your internal complaint, you can file a charge with either the federal agency (EEOC) or your state's anti-discrimination agency. The decision on where to file the complaint depends on what state you live in. Som e states require that you first file with the EEOC. Other states require that you first file with the state. And while your harassment claim must be filed with the EEOC within a specified time limit, some states give you a longer period in which to file. (Note: employees who work in a securities industry job must first go through arbitration before filing a discrimination claim. In addition, some employers require that employees sign an agreement that they will go through an arbitrator when there is a wor kplace dispute rather than through the court system.)
You can contact the agencies (or a lawyer) to find out the guidelines for filing a complaint in your state.
HOW TO FILE A CHARGE WITH THE EEOC
- Call the EEOC at 1-800-669-4000. An assistant there will tell you which one of the local offices you should contact to make your charge.
- You will probably have to submit your charge in writing (they will send you a form). If your state has an anti-discrimination agency, it may have to investigate the charges before they are passed on to the EEOC. In some states the EEOC automatically s
ends the case to the state office. In other states, you may be required to do so yourself.
- You will be interviewed about the alleged discrimination and a charge will be drafted.
- Your employer will be notified of the charge, and an investigation will begin. The EEOC will request documents from your employer and interview witnesses, if there are any.
- If the EEOC does not find evidence to believe there is a "reasonable cause" that discrimination occurred, you will be notified and given a "right-to-sue" letter, which allows you to pursue a private lawsuit.
- If the EEOC does believe discrimination occurred, the agency will try to work out a settlement with the employer. The settlement could include reinstating you to your job and awarding you back pay and punitive damages.
- If the EEOC cannot reach a settlement, it may bring a lawsuit on your behalf.
