This post will briefly outline some key items you need to know in order to file a complaint by mail with the EEOC for workplace discrimination. This checklist can be used for any type of discrimination that is prohibited in Title VII. But will will be using an alleged religious discriminatory act.
Hello everyone. My name is Joseph Radzwion IV, YOUR Trusted Attorney with Radzwion Law, PLLC and we have assisted our clients, who are being actively targeted by their employers, file complaints with the EEOC, Two things: (1) the EEOC stands for Equal Employment Opportunity Commission, who is the government agency, created in 1970, responsible for the investigation of alleged employment discrimination claims made by employees against their employers. (2) The legal lingo is officially "charge" NOT "complaint." But most employees understand that filing a complaint is what they are doing. The employee is "complaining" about an action the employer took against them. But moving forward in this post, We will call the filing a "charge" because that is the legal lingo!
As the title suggests, this check list is for filing by mail. Often times the online portal is slow or not working so mail is a good option. Make sure you read the mailing tips at the bottom. Filing a charge with the EEOC helps to preserve an employee's rights to sue the employer, and filing a charge maybe required depending on the type of lawsuit an employee files.
Things Required by the EEOC:
Form 5 from the EEOC is a required form that is to be submitted with an employee's charge filed with the EEOC. You can also file a charge by sending the EEOC a letter that includes the following information:
(1) Employee Contact Info
Employee name, address, email, and telephone number
(2) Employer Contact Info
The name, address, email, and telephone number of the employer (or employment agency or union) the employee wants to file a charge against.
(3) Number of Employees
The number of employees employed there (if known) or list "15+"
(4) Discriminatory Actions of Employer
A short description of the actions the employee believe were discriminatory (for example: an employee's religious exemption was denied, the employee was placed on unpaid leave, the employee was fired, demoted or harassed) The employee can write or type "see attached letter" on EEOC's Form 5 and then attach the request documents used to request a religious from the employer.
(5) Timeline of Discrimination
When the discriminatory actions took place. There is an "Earliest Date" and "Latest Date" section on Form 5. (Example: Employee submitted a request for a religious exemption on December 1, 2021. The employer sends the employee notice of a denial on December 10, 2021, On December 15, 2021, the employer puts the employee on unpaid leave. On Form 5, the "earliest date" would be December 10, 2021, and the "latest date" would be December 15, 2021.
(6) Belief of Discrimination
Why you believe you were discriminated against (for example, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or retaliation. The term "religion" would encompass an employee who's religious accommodation request was denied.
(7) Employee Signature
Don't forget to sign the letter and Form 5. If an Employee does not sign the documents they are submitting, the EEOC cannot investigate it. If an employee wishes to notify a State Agency of a discriminatory act, a notary may be required to notarize the employee's signature.
(8) EEOC Request
An employee's letter will be reviewed and if more information is needed, the EEOC will contact the employee to gather that information. Employees may want to include in their charge they would like to schedule an interview with an EEOC agent at their earliest convenience.
Don't Get Political:
An employee may want to submit information pertaining to their objections based on religious grounds. An employee should resist adding information into the charge that links their religious request to politically motivated reasons for the request or denial.
When an employee mails their charge to their local EEOC field office, a great option for the mail is a "certified mail, return receipt requested." Using this method will create a paper trail that may be needed later on to legitimize your charge both in and out of court.
Think like a Lawyer: Focus on what is required for a charge to be submitted with the EEOC and check to ensure the requirements are met. Your Attorney will be impressed and grateful you did.
YOUR Trusted Attorney:
If you would like to retain Radzwion Law, PLLC as YOUR Trusted Attorney, do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
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(REMEMBER: this should not be taken as legal advice and you should always consult with a Trusted Attorney regarding your situation.)