{"id":2300,"date":"2022-11-21T14:23:22","date_gmt":"2022-11-21T14:23:22","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=2300"},"modified":"2022-11-21T14:23:22","modified_gmt":"2022-11-21T14:23:22","slug":"should-you-talk-to-hr-first-when-you-have-a-workplace-discrimination-complaint","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/should-you-talk-to-hr-first-when-you-have-a-workplace-discrimination-complaint\/","title":{"rendered":"Should You Talk to HR First When You Have a Workplace Discrimination Complaint?"},"content":{"rendered":"

The EEOC received 61,331 workplace discrimination complaints in 2021. Of those, the leading complaint involved race, followed by sex, age, disability, national origin, color, and religion.\u00a0 There were also 34,332 retaliation complaints. It\u2019s reported that about 17% of the closed cases proved successful for the worker.<\/span><\/p>\n

Racial discrimination cases can be one of the least successful cases, but that doesn\u2019t mean you should sit back and let it happen. It\u2019s important to stand up for your rights and fair treatment. Sometimes, it takes knowing the best way to file a discrimination complaint and who to talk to first.<\/span><\/p>\n

While the EEOC takes these complaints, should they be the first agency you talk to, or do you start with your HR department? How do you file a workplace discrimination complaint?<\/span><\/p>\n

Start by Keeping Track of the Evidence<\/span><\/h3>\n

Before you even make a complaint, gather as much evidence as you can. Get a notebook or journal and write down dates, times, places, witnesses, and statements that were made. If you have emails or notes, save them. Print them out to ensure they don\u2019t get accidentally or deliberately deleted.<\/span><\/p>\n

You do not have to be the victim of discrimination. Suppose you\u2019re working and overhear your supervisors stating they refuse to promote your co-worker due to the applicant\u2019s age, religion, or gender. That\u2019s employment discrimination, and you could file a complaint on that other worker\u2019s behalf.<\/span><\/p>\n

Workplace discrimination can take place in employment ads, interviews and screenings, during hiring, terminations, transfers, or promotions, and in apprenticeship or training programs. It isn\u2019t specific to hired employees.<\/span><\/p>\n

Even after you\u2019ve filed a complaint, keep taking notes and saving emails. This is especially important if your employer or co-workers retaliate against you. Retaliation is illegal.<\/span><\/p>\n

Who Do You Contact With This Information?<\/span><\/h3>\n

Who you contact depends on your situation. Look at your employee handbook to see what it says about reporting employment discrimination complaints. If you\u2019re part of a union, you may need to file the complaint with your union steward. Other workers may need to go to their supervisor or HR department.<\/span><\/p>\n

You may not be comfortable reaching out to your supervisor or HR department, especially if any of them were responsible for some or all of the harassment you experienced. You don\u2019t have to go through your supervisor or HR department if you\u2019re not comfortable. You may not work for the company yet and experienced discrimination while interviewing for a job. There are other ways to file a complaint, starting with EEOC.<\/span><\/p>\n

Complainants have a limited number of days to file an employment discrimination complaint, so don\u2019t delay. In many states, federal employees have 45 days to reach out to an EEOC agent, other workers have 180 days to file with the EEOC. When you file a complaint, you\u2019ll need to include your name and contact information, your title, the type of discrimination, and dates and times from the records you\u2019ve kept.<\/span><\/p>\n

California\u2019s Department of Fair Employment and Housing (DFEH) and the California Civil Rights Department (CRD) take discrimination complaints in California. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that helps employees all over the U.S.<\/span><\/p>\n

In California, you can file with The California Civil Rights Department (CRD) if civil rights laws were violated. This means the discrimination complaint must fall under one of these categories.<\/span><\/p>\n