How to File a Discrimination Complaint

    Discrimination in the workplace is a practice that clearly will not be tolerated anymore. Under the Civil Rights Act of 1964 discrimination based on a person's race, color, religion, sex, and national origin is prohibited. An employee who feels as if he or she has been discriminated against can contact the Equal Employment Opportunity Commission (EEOC) to file a complaint or call toll free at 800-669-4000. Employees must file a charge of discrimination with the EEOC before they file a job discrimination lawsuit and a charge of discrimination must be filed within 180 days from the date that the discrimination took place. The 180-day deadline is extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended, however, if only a local law prohibits age discrimination. 

    If more than one discriminatory event took place then the deadline applies for each event. For instance, if you were demoted from a position, fired a year later, and then filed a complaint, the EEOC would only investigate your termination and not your demotion since the time to file a complaint for your demotion would have already eclipsed. 

   You can file a charge by sending the EEOC a letter that includes the following information:
 
  • Your name, address, and telephone number
  • The name, address and telephone number of the employer (or employment agency or union) you want to file your charge against
  • The number of employees employed there (if known)
  • A short description of the events you believe were discriminatory (for example, you were fired, demoted, harassed)
  • When the events took place
  • Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information)
  • Your signature

   Don't forget to sign your letter. If you don't sign it, the EEOC cannot investigate it.

   Workers in the state of Florida can also file a complaint with the Florida Commission on Florida Relations if they feel like they have been discriminated against based on their race, color, religion, sex, national origin, age, disability, or marital status.
 

Employment

   Under Florida Statute 760.10 , employees cannot discriminate against any person or persons based on an individual's "race, color, religion, sex, national origin, age, handicap, or marital status." An employer or applicant complaint must be filed when within 365 days of the date that the discrimination took place. In order to file a complaint the following must be true:
 
  • The employer must have 15 or more employees
  • There must be no federal or local agency responsible for accepting alleged complaints of discrimination.
     

Housing

   A housing complaint must be filed within 1 year of the discriminatory event. It is unlawful to do any of the following based on a persons race, color, religion, sex, national origin, age, disability, or marital status:
 
  • Refuse to rent or sell housing
  • Falsely deny that housing is available for inspection, rental or sale
  • Refuse to make a mortgage loan
  • Impose different conditions or terms on a loan
  • Threaten, coerce or intimidate any individual exercising a fair housing right
  • Refuse reasonable changes to your dwelling to accommodate a disability


Public Accommodations

   It is unlawful to deny access to or receive poor service from to any public accommodation based on a person's race, color, religion, sex, national origin, age, disability, or marital status. A person can file a complaint when:
 
  • Not given full and equal access to the goods and services of restaurants, hotels and motels, gasoline stations, theaters and certain other public places or accommodations without discrimination or segregation.
  • Certain private clubs discriminate in how they accept or deny members (under limited circumstances).
  • When the alleged discriminatory act occurred in the last 365 days.
     

Whistle-blowing

  Whistle blowing is the act of reporting dishonest or illegal activities that are in violation of federal law to the proper authorities. 

  The False Claims Act, also known informally as "whistle blowing", allows people who are not affiliated with the government to file a suit against government contractors who they feel have defrauded the government. 

  It is unlawful to retaliate against a person or persons who have disclosed protected information. A complaint must be filed within 60 days of the retaliated action.

  The Coye Law Firm realizes that discriminatory practices are wrong and should not be tolerated by anybody. If you feel that you have been discriminated against because of age, sex, gender, disability, religion, or marital status, call the Coye Law Firm at (800) 648-4941. 

 

Call 407.648.4940 or contact Coye Law Firm today for a free, private strategy session about your case.

The expert disability attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the disabled.

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