Filing a Complaint 

Before filing a complaint, it is important to have accurate documentation describing the nature of the discrimination.  Federal, state and county government agencies are all empowered to investigate civil or human rights complaints.  Be aware that enforcement agencies have a large backlog of cases and a small number of investigators.  It may take 2-3 years for a response to a case.  Patience and persistence can produce an official ruling on your complaint, stop the discrimination, and restore your rights and, when appropriate, award back pay and costs you incurred.  Complaints can be confidential and it is you who authorizes the enforcement agency to disclose your name if the agency must do so, in order to begin an investigation of the alleged discrimination.

Civil rights enforcement agencies request that you attempt to use whatever grievance resources are available to you at your place of employment.  Remember the enforcement agency’s investigation of your complaint depends upon the quality of your information when documenting a complaint.

If you file a complaint with a state human rights agency, you are precluded from filing a civil suit until the case has progressed through the agency.  Efforts are made to conciliate the complaint.  If the effort fails, the State Human Rights Division will complete its investigation and find “probable cause” or “no probable cause” for discrimination.  A finding of “probable cause” will be followed by the conciliation efforts.  If the conciliation efforts fail, you are entitled to a public hearing by an administrative court judge.  A Division attorney is assigned to present the case on behalf of the Division; but you also may elect to retain your own counsel.  If there is a finding of “no probable cause”, or lack of jurisdiction, you may appeal to the Supreme Court within 60 days.  Request that your state agency file your complaint in both the state and federal agencies at the same time.

If you file a complaint with the EEOC, the agency may or may not investigate.  However, you have the right to request a right-to-sue letter after six months.  The right-to-sue letter is necessary in order to take your case to federal court.

Be aware of the Statute of Limitations.  State and federal civil rights laws require that you act on your complaint within a specified time frame.  You will lose your rights to file a complaint with the state or county human rights agencies after one year from the date of the last act of discrimination or termination.  You have only 240 days to file a complaint with the EEOC.  If you do not file with the EEOC, you lose your right to bring a civil suit in federal court.

Documenting a Complaint

It is important to keep a daily log or record of exactly what happens to you; when, where, and how.  Try to record what is being said and who has witnessed the events.  Keep records and documents of mental health counseling, physical stress, and related illness. 

Be sure to keep your records off your office computer and at home.  Office email is also under scrutiny by management.  Protect yourself by keeping information away from the office setting.

Get copies of your performance ratings and evaluations from your personal file.

Keep copies of all your correspondence that may relate to your complaint.

Apply for unemployment benefits if you are forced to resign because of discrimination.  Put management on notice in writing.  If you are denied benefits by the State Employment office, request a hearing.

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