The U.S Equal Employment Opportunity Commission received about 24,000 cases on racial discrimination in 2019. Racial discrimination is when a person is treated unfavorably because of their race or personal characteristics associated with their race, such as hair texture or skin color. The racial discrimination can also happen because of a person’s ethnic origin, citizenship, place of birth, ancestry and accent.
Examples of racial discrimination are when someone treats you worse than another person in a similar situation, or when a company have a policy that discriminates against a race.
It is against the racial discrimination law for anyone to harass you or mistreat you due to your race. There are, however, instances where being treated differently because of your race can be lawful. Such scenarios can be in an employment vacancy where a race is essential for the job or when an organization is empowering a specific race or group that has been disadvantaged or less represented in a role.
If you feel that somebody has discriminated against you, you can report and file a complaint with the relevant bodies. The process may lead to a lawsuit which will require the services of a racial discrimination lawyer. Complains can also be filed on behalf of the victim after securing the necessary consent.
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Report the Discrimination to Federal Government
Whenever you feel that an employer doing business with the Federal Government has gone against the racial discrimination law, discriminated against you due to your race, you can file a complaint with the Office of Federal Contract Compliance Programs (OFCCP).
You must file a complaint about the alleged discrimination within 180 days from the day the crime happened. When you give a good reason for an extension of time, the office can extend for you the time for filing the complaint. The filing takes the following steps:
- You download the electronic Complaint of Discrimination in Employment Under Federal Government Contracts form.
- Fill the downloaded form, sign and submit. You can fill the form either electronically, fax or in person at the Office of Federal Contract Compliance Programs area offices. Ensure that you have gone to the appropriate OFCCP office. The right office is the one in the location the discrimination occurred.
The office will then review your complaint form and contact you for further information. In case you have any questions regarding your complaint, you can also call, visit the office or consult a racial discrimination lawyer.
Report the Discrimination to the Equal Employment Opportunity Commission
The racial discrimination law protects you from the discrimination that you may face, especially from your employer. Before filing a lawsuit with a racial discrimination attorney for unlawful discrimination, the law dictates that you file a charge of discrimination. A charge of discrimination is a statement declaring that an employer took part in employment discrimination. The Equal Opportunity Commission (EEOC) is, therefore, expected to act on the matter.
The Federal employees can request a hearing through the EEOC public portal. In the available portal, you can create an account, submit documents and file an appeal. The EEOC has a strict timeline on filing a charge which must be adhered to unless factors such as states or locality where the discrimination happened allow for an extension.
After filing a charge, the law enforced by EEOC requires you to inform your employer about it. In cases where an identity of a person should be protected, an individual or organization can file a charge on their behalf. Your charge can be dismissed either because of lateness, or when the EEOC limits its investigation.
You can also file a charge through a letter which should contain your name, address, email and phone number. You should also offer the same information regarding the employer. In your message, describe the discriminatory act, where it happened and why you think the employer did it to you. Remember to sign the letter as the EEOC cannot investigate a message that is not signed.
Report the Discrimination in Person at an EEOC Office
Apart from just walking into the EEOC office, you can also schedule an appointment through the EEOC public portal to deliver your complaints. At the office, the official will engage you in an interview where you will be able to discuss the matters concerning your racial discrimination. From the interview, they will determine whether filing a charge is appropriate and advise accordingly. The EEOC official will then prepare a charge based on the information you provided.
You can report to any EEOC office near you for assistance. However, EEOC will mostly investigate your charge in the area where the discrimination happened. It is essential to carry all the necessary documents when going to file a charge so that the EEOC can understand your case better.
At the EEOC offices, you are free to be accompanied by your racial discrimination attorney, although you do not need West Coast Employment lawyers at this point. Special assistance like language interpreters can also be offered by the office upon your request to make the interview easier.
Report the Discrimination to a Local Agency
Anti-discrimination laws vary with different states and local jurisdictions. The local jurisdictions have agencies that deal with employment discrimination cases. These agencies are referred to as Fair Employment Practices Agencies by the EEOC.
When you file a charge with the local agency, it is automatically filed with EEOC and therefore, you should not file with both agencies. The dual filing process is crucial because it prevents charging your rights under both federal and local law.
The outcome of Filing a Charge
The outcome of filing a charge is usually known within ten days of the filing date. The EEOC sends the notice of the charge to your employer and informs you and your employer when they need you in a mediation program. In cases where the EEOC cannot be able to establish if the accused violated the law, they will send you a Notice of Right to Sue, where you will be assisted by the West Coast Employment Lawyers.
Are you facing racial discrimination in your workplace? Contact us today, and we’ll provide legal support.