How to File Discrimination Charges
Sexual harassment is very common in the workplace. Before, this type of sexual harassment is not given serious attention. Victims of sexual harassment usually keep silent on the matter for fear of retaliation. Other victims even feel ashamed and don’t want others to know that they have been sexually harassed.
Presently, the U.S. government has enacted more legislation for the protection of workers against sexual harassment in all its forms. Employers are now mandated to create a stronger and more meaningful stand in preventing sexual harassment in their work places. Aside from this, employers are directed to establish grievance machineries to resolve complaints on sexual harassments committed by the employees in the workplace.
Under the U.S. Equal Employment Opportunity Commission (EEOC), it is illegal for a person to be discriminated against by the employer, labor union or employment agency when applying for a job or while on the job on account of your race, color, age, sex, religion, national origin or disability.
If you feel you are discriminated against or harassed in the workplace, you may file a complaint with the EEOC. You may file your charge in person or by mail. However, you must know that there are different time frames or statute of limitations.
For charges under Title VII of the Civil Rights Act, the victim must file a case with the EEOC within 180 days from the commission of the alleged illegal act. This time frame however, is the minimum. There are other states that grant longer time for filing charges under Title VII. Wrongful or illegal acts under Title VII are the same with other discriminatory and harassing acts due to race, sex, disability and nationality among others.
Also, if the claim is based on Americans with Disability Act (ADA) or Age Discrimination in Employment Act (ADEA), the time frames are similar to that of Title VII, which is 180 days at the least.
Finally, if the discrimination is on wage, an individual may file under Equal Pay Act (EPA) wage discrimination within the same time limit under Title VII. However, a charge filed with EEOC under EPA claims is not necessary before filing a suit with regular courts. In this aspect, it would be best to file an action as soon as you have knowledge of the wage discrimination. (http://www.eeoc.gov/facts/howtofil.html)
As you can see, there is a clear distinction between knowing your rights and acting on your rights. You may have a right at the beginning if you are discriminated against. However, if you sit on your rights, meaning if you don’t act on your rights at a reasonable time, these rights maybe taken away from you by operation of law.
You should teach those who discriminate against certain workers in the workplace a lesson. The best way to do it is to bring them to justice.
Our Los Angeles Expert Attorneys specialize in handling sexual harassment cases, particularly in the workplace.
About the Author
Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.
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