Learn About Filing a Discrimination Complaint Against Businesses

Understanding Workplace and Business Discrimination

Discrimination in the workplace and by businesses happens when someone is treated unfairly because of who they are, rather than based on their actual job performance or qualifications. In the United States, federal law protects people from discrimination based on several protected characteristics. These include race, color, national origin, sex, religion, age (if you are 40 or older), disability, and genetic information. Some states and local areas have added additional protections, such as discrimination based on sexual orientation or gender identity.

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It's important to understand that not every unfair situation at work is illegal discrimination. For example, if you are fired because you are consistently late to work or because your supervisor believes another person is better at the job, that may not be discrimination even if it feels unfair. However, if you are treated differently because of a protected characteristic—for example, if you are passed over for a promotion because of your race, or if you are paid less than coworkers doing the same job because of your gender—that could be illegal discrimination.

According to the U.S. Equal Employment Opportunity Commission (EEOC), they received approximately 84,000 discrimination complaints in 2022 alone. This shows that discrimination complaints are common and that many people take action when they experience unfair treatment. Discrimination can happen in hiring, firing, pay, job assignments, training, promotions, and many other aspects of employment. It can also occur in other business settings, such as when a business refuses service based on protected characteristics.

Understanding what counts as discrimination is the first step toward knowing whether you have a legitimate complaint. Keep records of incidents that you believe are discriminatory, including dates, times, what happened, who was involved, and any witnesses. Write down what was said or done and how it made you feel. These details become important if you decide to file a complaint later. Discrimination often involves a pattern of behavior rather than a single incident, so tracking multiple events can strengthen your understanding of the situation.

Practical Takeaway: Learn to recognize the difference between general unfair treatment and illegal discrimination based on protected characteristics. Document specific incidents with dates and details if you believe you are experiencing discrimination.

Identifying Where to File Your Complaint

Once you believe you have experienced discrimination, you need to know where to file your complaint. In most cases, complaints about job discrimination go to the Equal Employment Opportunity Commission (EEOC), which is the federal agency responsible for enforcing workplace discrimination laws. However, depending on your location and the type of discrimination, you may have other options or additional places to file.

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The EEOC has offices in most major cities across the country. You can find your nearest office by visiting the EEOC website or calling 1-800-669-4000. If you experience discrimination in hiring, firing, pay, or other employment decisions, the EEOC is typically the right place to start. The EEOC handles complaints under several federal laws, including Title VII of the Civil Rights Act of 1964 (which covers race, color, religion, sex, and national origin), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and the Equal Pay Act.

Many states also have their own civil rights agencies or human rights commissions that handle discrimination complaints. These agencies are often called "Fair Employment Practice Agencies" or FEPAs. If you file a complaint with the EEOC in a state that has an FEPA, the EEOC will automatically share your complaint with that state agency so you don't have to file in both places. However, some people choose to file with their state agency first, especially if they believe the state agency may move faster or if they want to use state laws that may offer additional protections.

Some types of discrimination complaints go to different agencies. For example, if you believe you experienced discrimination in housing—such as a landlord refusing to rent to you because of your race or religion—you would file with the U.S. Department of Housing and Urban Development (HUD) instead of the EEOC. If you believe a business discriminated against you in providing goods or services (such as a restaurant, store, or hotel refusing service based on your race), you might file with the EEOC if the business is large enough, or you might file with your state's human rights agency.

Practical Takeaway: Find the correct agency based on the type of discrimination and your location. The EEOC handles most employment discrimination complaints, but check whether your state has additional options that may be relevant to your situation.

Understanding Time Limits and Deadlines

One of the most important things to understand about filing a discrimination complaint is that there are strict time limits. These time limits vary depending on where you file, what type of discrimination occurred, and which laws apply to your situation. Missing a deadline can mean you lose the right to file your complaint, so understanding these timeframes is critical.

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For federal complaints filed with the EEOC, you generally have 180 days from the date of the discrimination to file a complaint. However, if you live in a state with its own civil rights agency (which is most states), you have 300 days to file with the EEOC. The 300-day period applies because the EEOC gives states 60 days to handle the complaint first. If you file with your state agency first, the state agency may have different time limits—some states allow 1 year or more from the date of discrimination.

It's important to note that the "date of discrimination" can sometimes be complicated to determine. If the discrimination was a single incident, such as a one-time comment or action, the date is clear. However, if the discrimination involves ongoing treatment—such as being consistently passed over for promotions or receiving lower pay than coworkers—each time the unfair treatment happens, a new deadline may start. This is called a "continuing violation." For example, if you are paid less than coworkers because of your gender, you may have 180 or 300 days from your last paycheck to file a complaint, not just from when the pay decision was first made.

Some states have longer time limits for certain types of discrimination. For example, some states allow up to three years to file discrimination complaints. However, federal time limits are more restrictive, so it's generally safer to file sooner rather than later. Even if you believe the time limit has passed, you should consider contacting the EEOC or your state agency to ask about your specific situation, as the calculation of time limits can be complex and may depend on facts specific to your case.

When calculating the time limit, keep in mind that weekends and holidays typically do not extend the deadline. If the last day of the deadline falls on a weekend or federal holiday, you can file on the next business day. Some agencies allow online filing, which may have different time requirements than in-person filing.

Practical Takeaway: Know that you generally have 180-300 days from the discrimination to file a federal complaint. Don't delay in gathering information and preparing to file, as missing the deadline could cost you the ability to pursue your complaint.

Steps to File a Discrimination Complaint

Filing a discrimination complaint involves several steps, and the process varies slightly depending on which agency you file with. Generally, whether you file with the EEOC or a state agency, you will need to provide certain information and follow their procedures. Here is a general overview of what to expect.

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First, you will need to gather information about the discrimination. This includes the name of the employer or business, the names of people involved in the discrimination, the dates when the discrimination occurred, a description of what happened, and how you were affected. You should also gather any written evidence you have, such as emails, text messages, performance reviews, pay stubs, or other documents that support your claim. You should note the names and contact information of any witnesses who saw what happened or who can confirm what you are saying.

Next, you will file a formal complaint. You can file with the EEOC in several ways: by mail, by phone, in person at an EEOC office, or online through the EEOC's website. When you file, you will need to provide your name, contact information, and the name of the employer or business. You will describe the discrimination, including what happened, when it happened, and what protected characteristic the discrimination was based on. You will explain how the discrimination affected you—for example, whether you lost a job, were denied a promotion, or suffered other harm.