How To: File A Discrimination Claim

For the next "How To" post, I am going to cover filing a discrimination claim - something we should all be well versed in. Particularly after watching the Lily Ledbetter case and how the Supreme Court determined "that employers cannot be sued under Title VII of the Civil Rights Act over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more."

Basically, this Court decision made it clear that it's not always about justice - but a lot of fine print. So, it's time to brush up on what qualifies for a discrimination claim, the time lines for filing a claim and the evidence required.

According to the United States Department of Labor, women make up nearly half (46.5%) of the U.S. work force these days, meaning that  68 million women are employed in the U.S, with 75 percent of employed women worked on full-time jobs, while 25 percent worked on a part-time basis. The median weekly earnings of women who were full-time wage and salary workers was $638, or 80 percent of men's $798. When comparing the median weekly earnings of persons aged 16 to 24, young women earned 91 percent of what young men earned ($420 and $461, respectively).

With greater competition for jobs these days, it is important that we are watchful of bad business practices, such as discrimination in the workplace.

Here are the types of discrimination you can file for:

Here is what you need to provide in terms of evidence in order to file a discrimination law suit from Workplace Fairness:

Direct Evidence. "Direct Evidence" is the best way to show that discrimination occurred. Direct evidence of discrimination includes statements by managers or supervisors that directly relate the adverse action against you to your protected class status. For example, if your employer tells you that you are being let go because you are near retirement age and the company wants to go with a younger image, you have direct evidence that your protected class status was the cause of your termination. This evidence can be in the form of verbal comments or statements written in letters, memos, or notes.

Circumstantial Evidence. The likelihood of obtaining direct evidence of discrimination is extremely slim. Supervisors and other company personnel are too sophisticated and too well-trained by their own attorneys to openly express their biases and prejudices. In almost every case, an employee must rely on circumstantial evidence.

Here's what you need to do to file a discrimination charge from the United States Equal Opportunity Commission:

• A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.

This is the information that must be provided to file a charge:

• The complaining party's name, address, and telephone number;
• The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
• A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
• The date(s) of the alleged violation(s).
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
• This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
• These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
• To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Here is a list of Federal Equal Employment Opportunity (EEO) Laws:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
• The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Don't let your workplace become a place of discrimination. Know how to protect yourself from bad employers trying to take advantage of you. Read the fine print.

Editors note: The legal information contained on this site is of a general nature and is subject to change; it is not meant to serve as legal advice in any particular situation. Change.org does not guarantee the accuracy of the legal information in this site nor in any of the sites to which this site links. We recommend you consult a licensed lawyer who is knowledgeable about the area of law in question before you take action to address a legal matter. We assume no responsibility for information or services provided by any of the sites to which this site links.