You deserve to work in an environment where you are respected, valued, and treated fairly. There are laws in place to protect workers from discrimination and harassment.
If you are facing problems on the job, that could be a violation of the law. How do I report discrimination in the workplace? In this blog, we will answer that so you can take action.
Steps to Take if You Experience Discrimination or Harassment
If you’ve been discriminated against or harassed at work, it could be a clear violation of employment law, both on a federal and state level. In these situations, you need to take action. You can take steps to address the situation and protect your rights. They include:
Document Everything
One of the first things you should do is start documenting the incidents. You will want clear documentation of evidence to show what has happened. This can help with future investigations or legal proceedings.
Here’s what you should document:
- Dates and times of when the incidents happened
- Description of the incident, whether verbal harassment, inappropriate behavior, or unfair treatment
- The people involved, including witnesses
- Your response, such as reporting the incident to human resources
This will help you remember the facts clearly and will be helpful if you decide to escalate the situation.
How Do I Report Workplace Discrimination to My Employer?
The next step is to bring the issue to your employer, especially if the behavior continues to affect you. In some cases, reporting it internally can often lead to a quicker resolution. Many companies have protocols in place for handling these types of issues.
In most cases, you would report the issue to your human resources department or a supervisor. You should do this in writing so there’s a clear record of your complaint.
Once again, you need to be specific about the workplace discrimination or harassment you face. Use your documented evidence to support your case and ask for a formal investigation. Also, make sure to request action to be taken to remedy the situation
Employers are legally obligated to address discrimination and harassment. If you don’t feel comfortable talking to human resources or your supervisor, or if they do not take appropriate action, you have other options. Remember if you face any retaliation for making a report, that is a violation of the law.
File a Complaint in the Superior Court of New Jersey
New Jersey is not a state that requires you to file with any state or federal agency before filing a lawsuit against an employer for violating your rights under state or federal law. However, you may prefer to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or with the New Jersey Division of Civil Rights (DCR) or cross-file with both the EEOC and the DCR.
Employment lawyers can help you understand your options and file a complaint on your behalf.
How Do I File a Complaint with the EEOC?
If your employer does not take the matter seriously, or you feel that you cannot resolve the issue internally, you may file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws.
However, there are filing deadlines. In New Jersey, you must file a complaint with the EEOC within 180 days of the incident. If your situation is also covered by New Jersey state law (NJLAD), the filing deadline is extended to 300 days if you cross-file with the DCR.
You can file a complaint online through the EEOC’s website, by mail, or in person at one of their field offices. They will guide you through the process, and you can request a copy of your case for your records.
After you file, the EEOC will investigate your case and may contact your employer to gather information. If they find merit in your claim, they may try to resolve the issue through mediation or legal action.
How Do I File a Complaint with the New Jersey Division on Civil Rights (DCR)?
If you prefer to handle the matter closer to home, you can file a complaint with the New Jersey Division on Civil Rights (DCR). This state agency investigates discrimination and harassment complaints under New Jersey law.
The DCR enforces the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), as well as other New Jersey laws that protect employees. They handle discrimination based on race, gender, disability, and sexual orientation.
You can also file your DCR complaint online, by mail, or over the phone. Once your complaint is received, the DCR will begin its investigation. This could lead to a resolution or even legal action against your employer.
Get Legal Help
Dealing with workplace discrimination, sexual harassment, or retaliation is never easy, but you have legal protections in place and can take steps to address the issue. No one should endure harassment or unfair treatment at work. At Folkman Law, we are here to defend you against these inexcusable practices in the workplace.
