Understanding EEO Complaints: What Employees Need to Know
Discrimination against employees in the workplace is illegal. Congress enacted the Civil Rights Act in 1964, which outlawed race discrimination across sectors, including employment, education, and housing. The employment provisions of the act were codified under Title VII. Whenever an employee complains about any such discriminatory behavior by their employer or co-workers, it is known as an EEO complaint.
An EEO complaint seeks help from the federal administrative agency that is authorized to investigate complaints of unlawful discrimination by employers who are subject to Title VII. Such a complaint requests relief for the aggrieved employee from unlawful discrimination.
Actionable grounds for filing an EEOC Complaint
Under federal law, only specific types of discrimination are actionable under Title VII. Anti-discrimination laws enforced by the EEOC protect employees against discrimination based on race, color, religion, sex, pregnancy, national origin, age forty or older (and age discrimnation), disability or genetic information (including family medical history). Other state-specific anti-discrimination laws such as height, weight, marital status may warrant internal management action but are not enforced by the EEOC.
Employers Against Which the EEOC Enforces
The majority of anti-discrimination laws that are enforced apply to employers with a workforce exceeding fifteen or more employees (twenty or more workers for age discrimination claims). This implies that most public and private academic institutions employing such notable numbers are within reach of these laws. Therefore faculty members, teaching and research assistants; placement personnel; academic staff members; athletic coaches; operations and custodial staff members; resident assistants – all can approach the Equal Employment Opportunity Commission (EEOC) to seek enforcement of their legal rights terming them one core unit focusing on prestige?of these academic centres.
Types Of Discrimination Dealing With Subject To EEOC Enforcement
?EEOC does not just deal with discrimination complaints, but also investigates them. Actions or behavior that affect an employee’s privilege of employment in any manner amount to a violation under the protection of EEOC, these are:
– job posting or advertising;
– job testing or qualifications;
– job interviewing, and hiring;
– training and development opportunities;
– wages and benefits;
– promotions and demotions;
– layoffs and furloughs;
– job termination or firing.
Harassment Claims Subject To EEOC Enforcement
As per the Equal Employment Opportunity Commission summary standards, harassment is unwelcome conduct … based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, genetic information (including family medical history). In simple terms: any harassment found severe enough to create a work environment making it hard for employees to do their jobs can lead to disciplinary action or punishment by law.
EEOC Enforcement Against Employer Retaliation
Under federal law retaliation falls under a discriminatory practice classifying filers suing employers as whistleblowers entitled to monetary compensation. This signifies that charges levied against an employer for resisting the alleged discriminatory behavior qualifies as an actionable offense warranting immediate corrective action for most cases.
Employer Responsibility For Unlawful Harassment
Employers should maintain a professional working atmosphere free from all forms of harassment from co-workers or supervisors. Any acts resulting in verbal abuse or physical assault qualify a hostile work environment making it both an actionable defense against employers and thrusting them responsible for paying compensation depending on allegations sustained.
Forms Of EEO Relief
The goal behind Employee discrimination laws is offer recourse rather than punishment. Federal laws try avenues helping aggrieved employees regain equal foot holding. Remedies associated with the EEOC may include lost benefits such as wages; compensatory damages where mental anguish or disability is involved; court costs and attorney fees are typically recovered too. Other remedies comprise punitive and compensatory damages seeking legal recourse. In extreme cases, employees may even recover punitive damages against employers who fail to actively correct employees should harassment or discrimination continue to take place.
Why File an EEO Complaint
Employees file EEO complaints when the employer has refused or failed to stop any discriminating action. The aggrieved employee must notify the employer of suspected unlawful discrimination asking for corrections and revisions deployed by college and university departments quickly.
Exhausting Administrative Remedies: A second good reason to file an EEO complaint arises with specific provisions under the anti-discrimination law requiring aggrieved employees satisfied with their original claim to seek out such administrative procedures enabling both parties to find an accord in courtifying disputes upfront.
When To File An Eeo Complaint
Usually, filing a complaint requires a 180-day limit where discrimination can be used as evidence. Federal law permits employees suffering from similar circumstances seeking late legitimate claims that state-level agencies accommodate this extension(some reaching 300 days), whereas local-level attention remains at 180 days.
How To File An EEO Complaint
An aggrieved employee will mostly report instances of discrimination in-person through local field offices including intake interviews following necessary steps guarded within federal law.For more grievous infractions, it’s advisable?to hire top representation demonstrating expertise dealing with bureaucratic administration.
Get Expert Academic EEO Lawyer Help
The crux of this matter prompts us that finding solid representation offering sound advice along subjective matters revolving around workplace regulations is critical given the labyrinthine scope of regulatory oversight suggested by most guidelines described above.
That said, hiring attorney Todd.Spodek makes sense since he likely possesses superior experience in counseling clients having repeated run-ins rampant across academic institutions prevailing with stable malicious intention.
If you require assistance deciding whether to file an EEO complaint, then opting for expertise?from Attorney Spodek and his law firm may assure success. Even if the EEOC has failed or refused to act on your EEO complaint, then with a contact number of 212-300-5196 to schedule a consultation, Attorney Spodek could prove reliable counsel for employees feeling primitively marginalized by defined practices.