Filing an EEOC Complaint While Still Employed

If you are still employed when you file a charge of discrimination, the situation can get awkward. Fortunately for employees, the law protects you from retaliation for asserting your rights.

Filing an Age Discrimination Charge With the EEOC

Before you can file a lawsuit for discrimination under Title VII, the Age Discrimination in Employment Act, or the Americans with Disabilities Act, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).

The EEOC is the federal agency that interprets and enforces the laws prohibiting discrimination.

Once you file a charge, the EEOC will notify your employer. The EEOC will then decide how to proceed. Typically, the EEOC investigates the claim, often offering mediation as a way for the employer and employee to settle their differences.

What to Do If You Experience Retaliation

Employers sometimes retaliate against employees who try to assert their legal rights at work, from safety issues to wage and hour disputes to discrimination complaints. Retaliation is illegal under the federal ADEA and the laws of each state.

Retaliation can take many forms, including failing to hire or promote, docking pay, and giving less favorable work assignments.

If you've suffered retaliation, be sure to keep a clear record of the type of retaliation you experienced, when it occurred, who was present, and what exactly happened.

In addition, you should immediately tell the EEOC investigator if you believe your employer has taken action against you because you filed a charge. You may also want to amend your charge to add a claim of retaliation.

What Happens After You File an EEOC Charge

When the EEOC completes its investigation, it usually will issue you a right to sue letter, which notifies you that the EEOC has finished processing your charge and you may file a lawsuit in court within 90 days. (You must file a charge before you can file a discrimination lawsuit.) In very rare cases, the EEOC might decide to litigate the case on your behalf.

If you are considering filing an EEOC charge, you should talk to an employment lawyer. The lawyer can help you complete the charge form, deal with the EEOC, and protect your rights throughout the process.