How do I go about filing a complaint against my employer? 11 Answers as of April 08, 2013

I am being discriminated against by my employer (I'm black and homosexual). How do I go about filing a complaint?

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A. Dawn Hayes & Assoc. P.A.
A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
Go to www.EEOC.gov?and follow the instructions.
Answer Applies to: Florida
Replied: 4/8/2013
The Niskar Law Firm, PLLC
The Niskar Law Firm, PLLC | Joey Niskar
Discrimination on the basis of sexual preference is not illegal under federal law and/or Michigan law, although there are some circumstances where discrimination on the basis of sexual preference can be illegal if the discrimination was based upon a failure of the employee to adhere to traditional gender-based stereotypes, practices and norms. Discrimination on the basis of race is definitely illegal under federal and Michigan law. If you feel you are being discriminated against on the basis of either race and/or sex, then you should file a claim with the Equal Employment Opportunity Commission ("EEOC") [or if you live and work in Michigan you have the option of filing with the Michigan Department of Civil Rights ("MDCR")]. If you file with the EEOC, you must do so within 300 days of the discriminatory act. If you live and work in Michigan, and wish to instead file with the Michigan Department of Civil Rights, you must do so within 180 days of the discriminatory act. Failure to comply with the outer 300 day filing deadline will bar the federal law claim forever. You definitely want to preserve your rights under federal law, as federal law is more favorable to an employee facing unlawful discrimination than Michigan's state law is. Sometimes, you can have a case under federal law, but not state law, even though both laws are nearly identical. If you have sufficient time left on the clock to file, you should consider getting a lawyer to assist and guide you through the EEOC and/or MDCR process. If not, then file with either the EEOC and/or MDCR, and then find a lawyer. I do not recommend that you go it alone through the EEOC/MDCR process.
Answer Applies to: Michigan
Replied: 4/8/2013
The Law Office of Paul R. Sullivan, Jr. | Paul Sullivan
If possible, you should start by complaining to your HR department. They may be able to investigate the problem and come up with a resolution, allowing you to avoid going to an administrative agency or court. In Pennsylvania, there are two agencies charged with investigating employment discrimination allegations. At the state level, there is the Pennsylvania Human Relations Commission. You will have to file a complaint with the PHRC if your employer has fewer than 15 employees. If your employer has more than 15 employees, you can file a complaint with the Equal Employment Opportunity Commission. Unfortunately, neither PA nor federal employment discrimination laws protect employees from discrimination based on sexual orientation.
Answer Applies to: Pennsylvania
Replied: 4/8/2013
Coane and Associates
Coane and Associates | Bruce Coane
The EEOC accepts complaints about race discrimination. You should also complain to HR. There is no federal law protecting gay employees in non-government businesses. There may be local laws in your area re: discrimination based on sexual preference, so you should check that. If you want to hire a lawyer, we handle these types of cases.
Answer Applies to: Texas
Replied: 4/8/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
You first must have a letter of clearance from the EEOC. Being black is a protected class, so you could have a cause of action against your employer, but, there is no protection for sexual orientation discrim in GA. It is completely legal to discriminate against and/or disch GBLT simply for being GBLT. I suggest you speak with a discrimination attorney. Most do not charge just to talk for the first time.
Answer Applies to: Georgia
Replied: 4/8/2013
    Law Office of Jack Longert, LLC | Jack Longert
    If you are in Wisconsin (many of the questions appear not to be) there are various options available. More facts would be needed.
    Answer Applies to: Wisconsin
    Replied: 4/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Best best, hire an attorney. Otherwise file a complaint with the EEOC. Good luck.
    Answer Applies to: Michigan
    Replied: 4/8/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You should retain legal counsel to file a complaint for you with the EEOC or in court. Without knowing more about your case I can't advise precisely where you should file your case. Many lawyers take cases like this on a contingency. Time is of the essence because these claims must be filed within 180 days of the discrimination. I am available tomorrow after 4 pm to discuss your case.
    Answer Applies to: New York
    Replied: 4/8/2013
    Fox & Fox, S.C. | Richard F. Rice
    Contact an attorney or the Wisconsin Equal Rights Division to file your discrimination complaint.
    Answer Applies to: Wisconsin
    Replied: 4/8/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    Any discrimination complaint must start with the Department of Fair Employment and Housing. You must obtain a "right to sue" letter before filing suit. Filing and pursuing litigation is a complicated project, and is not something I can recommend you do on your own. I have never seen a pro per plaintiff win anything as complicated as a discrimination case against an experienced lawyer, no matter how egregious the misconduct. Do yourself a favor, and retain counsel to help you with this matter.
    Answer Applies to: California
    Replied: 4/8/2013
    Law Office of Russell J. Thomas, Jr. | Russell J. Thomas, Jr.
    Contact the nearest office of the California Department of Fair Employment and Housing.
    Answer Applies to: California
    Replied: 4/8/2013
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