How to File a Workplace Discrimination Complaint
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Filing a workplace discrimination complaint is a crucial step in protecting your rights against unfair treatment at work. This guide outlines the process for filing a complaint, understanding your legal protections, and when to seek assistance from an attorney near you for effective representation.
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Learn how to file a workplace discrimination complaint step by step, from understanding what constitutes discrimination to documenting your experience and reporting it effectively. Protect your rights with guidance on seeking help from an employment lawyer near you for legal support and representation.
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Flat vector illustration of an employee filing a workplace discrimination complaint with an HR representative, featuring EEOC documents and "Know Your Rights" posters.
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Mar 29, 2025 04:27 PM
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How to File a Workplace Discrimination Complaint
Workplace discrimination isn't just unfair—it’s illegal. If you've been treated differently or denied opportunities at work because of your race, gender, age, religion, disability, pregnancy, sexual orientation, or any other protected characteristic, you have the right to take action.
The law protects you from discriminatory hiring, firing, promotions, pay, job assignments, harassment, and retaliation. Filing a formal complaint is one of the most effective ways to hold your employer accountable and protect your rights.
In this post, we’ll walk you through how to file a workplace discrimination complaint step by step, what to expect during the process, and when to contact an employment lawyer near you for legal support.
💡 For every post in this series, scroll down to “Related Posts.”
Step 1: Understand What Counts as Workplace Discrimination
Not every unfair situation qualifies as unlawful discrimination. To file a complaint, your experience must involve a protected characteristic under federal or state law.
Protected characteristics include:
- Race or ethnicity
- Gender or sex
- Age (40 or older)
- Disability
- Pregnancy or parenthood
- Religion
- Sexual orientation or gender identity
- National origin
If you were denied a job, passed over for a promotion, harassed, paid less, retaliated against, or fired because of one of these factors, you may have a legal discrimination claim.
Step 2: Document the Discrimination
Before filing a complaint, gather evidence of the discriminatory behavior.
Helpful documentation includes:
- Emails or text messages
- Performance reviews
- Witness statements
- Notes or written descriptions of discriminatory incidents
- Employment records (pay stubs, job descriptions, promotion denials, etc.)
Create a detailed timeline of what happened, who was involved, and when it occurred. The more proof you have, the stronger your complaint.
Step 3: Report Internally (If Safe to Do So)
In many cases, it’s wise to report the discrimination to your employer first, especially if your company has a formal grievance or HR process. This can serve as evidence that you tried to resolve the issue internally before escalating.
Document your report by:
- Sending an email to HR or management
- Filing a written complaint through your company’s internal channels
- Keeping records of meetings and follow-up communications
If your company fails to respond—or retaliates against you—you can proceed with a legal complaint.
Step 4: File a Discrimination Complaint with the EEOC
The Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates workplace discrimination claims.
To file a complaint:
- Start with an “Intake Questionnaire”
- Submit online at EEOC Online Portal
- Or visit a local EEOC office
- File a Formal Charge of Discrimination
- You must file within 180 days of the discrimination (or 300 days in some states with local laws)
- Include details, dates, and your supporting documentation
- Wait for an EEOC Investigation
- The EEOC may mediate, investigate, or dismiss the complaint
- If they find a violation, they may negotiate a settlement or sue your employer
- If they don’t find evidence, you still have the right to sue your employer in court
💡 If you don’t want to go through the EEOC, you can sometimes file directly with a state fair employment practices agency (FEPA) instead—or in addition.
Step 5: File a Lawsuit (If Necessary)
If the EEOC issues a “Right to Sue” letter, you can file a lawsuit against your employer in civil court. This may allow you to seek:
- Back pay and lost wages
- Emotional distress damages
- Punitive damages (in some cases)
- Attorney’s fees and court costs
Most employees choose to work with an employment lawyer near you at this stage to strengthen their case and negotiate the best outcome.
When to Contact an Employment Lawyer
You should talk to a lawyer if:
- Your complaint was ignored or dismissed
- You’re being retaliated against
- You’re unsure if what happened qualifies as discrimination
- You need help navigating the legal system
An experienced employment attorney can help you prepare your complaint, gather evidence, and represent you in negotiations or court.
Final Thoughts: Stand Up Against Discrimination
Filing a workplace discrimination complaint is your legal right. Whether you’ve faced bias, harassment, unequal pay, or wrongful termination, you don’t have to accept unfair treatment in silence.
At ReferU.AI, we connect employees with top-rated employment lawyers near you—so you get the expert legal support you need to stand up for your rights.
Think you’ve been discriminated against at work? Get legal help today.