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How do you file a charge of discrimination in the workplace?

When employees in Los Angeles believe that they have been discriminated against because of their race, religion, gender, national origin, age or disability, it is important that they understand their rights and options in this situation. Employees in California and elsewhere across the nation have options and rights afforded to them in these situations, such as filing a discrimination lawsuit against an employer.

How do you file a charge of discrimination in the workplace? Before an employee is able to file a job discrimination suit against an employer, an employee has to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) first. An individual, organization or agency can also file a charge on behalf of another person. This could help protect the interests of the aggrieved person and their identity.

Employees seeking to file these claims should note that there are time limits for doing so. Depending on the type of discrimination could be 180 or 300 days from the day the discrimination took place. Also, when an employee files a charge, they might be asked to settle through mediation. If the case is not sent to mediation or if the mediation process does not resolve the problem, it will be sent to an investigator.

If no violation of the law is found in the investigation process, the employee will be given a Notice of Right to Sue, which gives them permission to file a suit. If discrimination is found, the EEOC will try to come to a voluntary settlement with their employer. But if one cannot be reached, the EEOC will determine whether or not the agency will file a lawsuit. If the EEOC decides to not file a lawsuit, the employee will be given a Notice of Right to Sue.

Employees who believe that he or she is a victim of discrimination in the workplace should understand their options and the process to file a claim to recover damages. Those unsure of the necessary steps to take or want to protect their identity should seek advice about their options and legal remedies.

Source:, "Filing A Charge of Discrimination," accessed on Jan. 14, 2015

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Law Offices of Allan A. Sigel, P.C.

Law Offices of Allan A. Sigel, P.C.
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