Your Guide to Filing a Discrimination Complaint

Understanding Discrimination and Where to File

Discrimination occurs when someone is treated unfairly based on protected characteristics. These characteristics include race, color, religion, sex, national origin, age (if you're 40 or older), disability, and genetic information. Discrimination can happen in the workplace, housing, education, public accommodations, lending, and other settings. It's important to understand that discrimination isn't always obvious—it can be subtle, like being passed over for a promotion because of your accent, or more direct, like being denied housing because of your religion.

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According to the U.S. Equal Employment Opportunity Commission (EEOC), which handles workplace discrimination complaints, approximately 72,675 charges were filed in 2022 alone. This shows that discrimination complaints are common and that filing one is a normal part of the legal system. Different government agencies handle different types of discrimination. The EEOC handles workplace discrimination. The Department of Housing and Urban Development (HUD) handles housing discrimination. The Department of Education's Office for Civil Rights handles school-based discrimination. The Consumer Financial Protection Bureau handles lending discrimination.

Before filing a formal complaint, you may want to try resolving the situation informally. This might mean speaking directly with the person involved, talking to your HR department, or writing a letter explaining the problem. Many situations get resolved this way. However, if informal efforts don't work, filing a formal complaint is your right. You don't need a lawyer to file a complaint, though some people choose to have legal representation.

Practical takeaway: Identify which type of discrimination you experienced and which government agency handles that area. Write down the dates, times, locations, and names of people involved while the incidents are still fresh in your memory.

Workplace Discrimination Complaints Through the EEOC

The EEOC is the primary federal agency for workplace discrimination complaints in the United States. This includes discrimination in hiring, firing, pay, job assignments, promotions, harassment, training, and any other term or condition of employment. The EEOC handles complaints related to all protected characteristics: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age 40 and over, disability, and genetic information.

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To file a charge with the EEOC, you can visit their website, call their toll-free number (1-800-669-4000), or visit a local EEOC office in person. There are EEOC offices in every state. When you file, you'll need to provide basic information: your name, contact information, the employer's name and location, a description of what happened, the date it happened, and how it affected you. The EEOC has a 180-day filing deadline from the date of discrimination in most states, though this can be up to 300 days in states with their own civil rights agencies. This deadline is strict, so don't wait.

After you file, the EEOC will contact the employer and ask them to respond to your allegations. The EEOC then investigates by reviewing documents, interviewing witnesses, and gathering facts. This investigation typically takes several months. Once the investigation is complete, the EEOC will issue a determination letter stating whether they found evidence of discrimination. If they do find evidence, they may try to resolve the matter through conciliation (negotiation between you and the employer). If that fails, you receive a "right to sue" letter, which means you can file a lawsuit in federal court. Even if the EEOC doesn't find evidence, you can still request a right to sue letter and pursue your case in court.

Practical takeaway: File your EEOC charge within 180 days (or 300 days in some states) of the discrimination. Include specific examples and dates. Request updates on your case status periodically—the EEOC can tell you where your investigation stands.

Housing Discrimination Complaints

Housing discrimination is illegal under the Fair Housing Act. This law prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, national origin, disability, and family status (having children). Housing discrimination can take many forms: a landlord refusing to rent to you because of your race, a lender denying you a mortgage based on your national origin, a property manager charging different deposits based on disability, or refusing reasonable accommodations for a service animal. According to HUD, over 3,000 housing discrimination complaints are filed each year.

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To file a housing discrimination complaint, you can contact HUD at 1-800-669-9777 or visit their website. You can also file in person at a local HUD office. The complaint must be filed within one year of the discrimination. When you file, describe the property involved, the dates of the discrimination, who discriminated against you, and how you were treated differently because of your protected characteristic. Include details about what would have happened if you weren't in a protected class—for example, "The landlord said she wouldn't rent to families with children, but I saw another family with three children move into a unit in the same building."

HUD will investigate your complaint. During the investigation, both you and the person accused of discrimination will have opportunities to provide information. HUD investigators may conduct interviews, review documents, and visit the property. If HUD finds reasonable cause to believe discrimination occurred, the case moves to either conciliation (settlement negotiation) or a hearing. A hearing is like a trial, where both sides present evidence and a judge decides the case. If the other side doesn't respond to the complaint, HUD can issue a default judgment in your favor. The process typically takes 100 days or more.

Practical takeaway: File a housing complaint within one year. Document all communications with landlords or lenders in writing when possible—get decisions in email or letters. Keep records of any discriminatory statements made verbally by writing down what was said, when, and by whom right after the conversation.

Education Discrimination and Title IX Complaints

Students and parents can file discrimination complaints with the Department of Education's Office for Civil Rights (OCR) if they experience discrimination in schools or colleges. OCR handles complaints about discrimination based on race, color, national origin, sex (including sexual harassment, sexual assault, and discrimination based on sexual orientation or gender identity), disability, and religion. Educational discrimination can include unfair discipline, denial of services or programs, segregation, harassment by staff or students, or denial of accommodations for disabilities. The OCR investigates about 10,000 complaints each year from students in K-12 schools and higher education.

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To file a complaint with OCR, visit their website or mail a written complaint to your regional OCR office. The complaint must be filed within 180 days of the discrimination. Your complaint should include the school's name and location, a description of the discriminatory conduct, the date or dates it occurred, names of people involved if you know them, and how the discrimination affected you or your child. If you're filing on behalf of a student, explain your relationship to that student. You can file a complaint even if you don't know the name of the person who discriminated against you—describing their position or role is sufficient.

OCR will investigate by reviewing documents, conducting interviews, and observing school practices if necessary. The agency looks at whether the school's policies or practices are discriminatory and whether the school responded appropriately to complaints. For complaints involving sexual harassment or assault, OCR pays particular attention to whether the school provided support to the person harmed and whether the school took steps to stop the harassment and prevent it from happening again. OCR can recommend that schools change policies, provide training, offer services to students, or pay monetary damages to those harmed. Schools must cooperate with OCR investigations or risk losing federal funding.

Practical takeaway: File within 180 days of the discrimination. Include names of witnesses who saw what happened. Keep copies of emails, text messages, grade records, discipline records, or other documents that show how you were treated differently from other students.

Housing and Lending Discrimination at the State and Local Level

Many states and cities have their own civil rights agencies that handle discrimination complaints in addition to federal agencies. These agencies sometimes have broader protections than federal law. For example, some states prohibit discrimination based on sexual orientation or gender identity in housing, while federal law didn't cover these categories until recently in some contexts. Some cities protect people based on marital status, source of income, or other characteristics. Filing a complaint with a state or local agency may offer advantages: shorter investigation timelines, more local expertise, and the possibility of larger penalties.

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To find your state's civil rights agency, search "[your state name]