Discrimination and harassment at work

What to know

1. Know who's covered. The laws apply to applicants, employees and former employees, whatever their citizenship or work authorization status. Full-time, part-time, seasonal and temporary workers are covered at federal agencies and most employers with at least 15 employees. Source: EEOC¹
2. Know your five basic rights: to work free of discrimination, to work free of harassment, to complain without punishment, to ask for reasonable workplace changes for religion, disability or pregnancy, and to keep your medical and genetic information private. Source: EEOC¹ Discrimination covers every kind of job decision, including hiring, firing, promotions, training, pay and benefits. Source: EEOC¹
3. If you're being harassed, act early. Tell the person their behavior is unwelcome if you feel safe doing that. If you don't, or it doesn't stop, tell your employer. Source: EEOC²
4. Find your company's harassment policy. It should say who handles complaints. If you're uncomfortable going to that person, talk to your manager or another manager. Source: EEOC² Once your employer knows, it's responsible for fixing the situation, and not reporting promptly may affect your rights. Source: EEOC²
5. Write it down as it happens. A charge to the EEOC asks what was done to you (fired, demoted, harassed), when it happened, and why you believe it was discrimination. Source: EEOC⁵ Keep a dated log with what was said, where, and who saw it, and save copies of messages somewhere that isn't a work account.
6. To file with the EEOC, start with an inquiry on the EEOC Public Portal. You'll schedule an interview by phone, by video, or in person at one of 53 EEOC offices. You can also call 1-800-669-4000 to get started, though charges aren't taken over the phone. Source: EEOC⁵

If it doesn't work

• Punished for complaining? That's retaliation, and it's illegal, even if the conduct you reported turns out not to be illegal. Source: EEOC¹
• Deadline coming up fast? Call 1-800-669-4000 and ask for an immediate interview. Walk-ins at EEOC offices with deadlines close at hand are seen first. Source: EEOC⁵
• Several things happened over months? Each event usually has its own deadline. Harassment is the exception: file within 180 or 300 days of the last incident, and the EEOC will look at all of it. Source: EEOC⁶
• Your state has its own agency? If you file with the EEOC or with a state or local fair employment agency that has a worksharing agreement, the charge is usually filed with both. Source: EEOC⁵
• Not sure you still have time, or whether the EEOC is the right place? Contact the EEOC right away. It can help you figure out whether you're within the time limit or whether another organization can help. Source: EEOC⁴
• Small employer? State and local laws may protect you more than federal law, especially at smaller employers. Source: EEOC¹
• Federal job? Federal employees and applicants use a different process and generally must contact an agency EEO counselor within 45 days. Source: EEOC⁶