labor lawAdivision of labor law center

When it comes to workplace discrimination, all employers and employees should know that any form of discrimination in the workplace is considered to be illegal. This includes discrimination based on race, sex, age, sexual orientation, religious beliefs and other forms. If an employee believes that he or she is the victim of workplace discrimination, then the employee will follow a specific discrimination complaint process in order to file a claim.

There are two agencies that oversee workplace discrimination claims. The discrimination complaint process can involve two different organizations: the state and the federal government. In most cases, but depending on state law, the discrimination complaint process will take place simultaneously in the state and federal agencies. Most state adopt a situation in which the employee needs only to file a complaint with the state government in order to have it cross-filed with the federal government.

The first step an employee has when getting involved with the discrimination complaint process is to take action quickly. Depending on the state, employees have about three to six months to file a claim. Generally, employees will have up to a year to file a claim with the federal government.

The employee must contact the state or local agency in order to file the claim. The employee only needs to contact one agency at a time, as the file can be cross-filed between the agencies.

Next, once the employee has completed all necessary paperwork, the employee and the agency will likely schedule a visit. The place of work will be under investigation and the employer will likely be made known of the dissemination charges. The employee may choose to stay and work at the place of work if he or she was hired, or the employee may feel more comfortable leaving the job during the investigation process. The agency will find the employer either guilty or innocent of the charges.

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