Experiencing discrimination in a business or workplace setting is a serious matter. If you believe you have been treated unfairly based on protected characteristics—such as race, color, religion, sex, national origin, age (40 or older), disability, or genetic information—you have legal avenues to seek justice. Filing a formal complaint is the first step in addressing these violations.
Table of contents
Step 1: Identify the Correct Agency
The agency you contact depends on the nature of the discrimination and the type of business involved.
- Employment Discrimination: If you are an employee, the U.S. Equal Employment Opportunity Commission (EEOC) is the primary federal agency. They enforce laws like Title VII and the Pregnant Workers Fairness Act.
- Public Accommodations and Services: If you faced discrimination at a business (e.g., a store or restaurant), you may need to contact your state’s Civil Rights Division or the Department of Justice.
- State-Level Agencies: Many states have their own departments, such as the Arizona Department of Economic Security (DES) Office of Equal Opportunity, which handle local complaints.
Step 2: Gather Essential Information
Before filing, ensure you have the following information prepared to streamline the process:
- Contact Information: The name, address, email, and phone number of the business or employer.
- The Basis of Discrimination: Clearly state why you believe you were discriminated against (e.g., race, disability, age).
- Description of Events: Provide a concise, factual summary of the actions taken against you—such as being fired, demoted, or denied service.
- Evidence of Injury: Briefly describe any negative consequences or injuries you suffered due to these actions.
Step 3: Filing the Complaint
Most agencies provide multiple ways to submit your documentation, including:
- Online Portals: Many federal and state agencies have secure websites where you can initiate a charge.
- Mail, Fax, or Email: Some state offices, such as the OEO, accept physical copies of completed complaint forms.
- In-Person: In some cases, you may be able to visit a local field office to speak with an intake professional.
Important: Always ensure you sign your complaint. If you are represented by counsel, your lawyer may sign on your behalf.
What Happens Next?
Once your complaint is submitted, the agency will acknowledge receipt, usually via a formal letter. A coordinator or investigator will review the details to determine if the agency has the jurisdiction to investigate. If the complaint moves forward, the agency may conduct interviews, request documents from the business, or initiate mediation.
Key Reminders
Time Limits: Strict deadlines (statutes of limitations) apply to filing discrimination charges. Research the specific time limits for your jurisdiction immediately, as waiting too long can forfeit your right to legal recourse.
Legal Advice: While government websites provide guidance, they cannot offer personalized legal advice. If your situation is complex, consider consulting with an attorney who specializes in employment or civil rights law to protect your interests.
