Workplace Discrimination? Get that Complaint Filed!

3 Key Takeaways

  1. Federal law protects employees from many forms of workplace discrimination — and most states add even more protections on top of that.

  2. There are strict deadlines for filing a complaint. Missing them can cost you your right to take action, even if your case is strong.

  3. You don't have to have all the answers before reaching out. Getting informed early can make all the difference.

You have more protection than you might think

If you've experienced harassment or discrimination at work, you should know that the law is on your side, and has been for decades. Federal law protects employees from a wide range of mistreatment on the job, and understanding those protections is the first step toward knowing what your options are.

What the law actually covers

The foundation of workplace discrimination law in this country is Title VII of the Civil Rights Act of 1964. Before it was passed, some federal protections existed, particularly around race and national origin, but Title VII significantly expanded those rights. Today, it protects employees from discrimination and harassment based on:

Race

Sex (including sexual orientation and gender identity)

National origin

Religion

Age

Disability

Any employer with 15 or more employees is subject to Title VII, and because it's a federal law, it applies the same way in every state.

The role of the EEOC

Title VII also established the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for receiving and investigating workplace discrimination complaints. If you want to bring a discrimination claim in federal court, you're generally required to go through the EEOC's process first. Think of it as a necessary first step before anything can move forward legally. You can learn more or start a complaint directly through the EEOC's website.

The deadlines you really need to know

This is where a lot of people get tripped up, so pay close attention. Under Title VII, you typically have 180 calendar days from the date of discrimination to file a complaint with the EEOC. However, if your state has its own workplace discrimination law, which most do, including New York, that window extends to 300 days.

A handful of states, like New Mexico and Georgia, don't have their own statutes, which means those employees are limited to the 180-day window.

Here's the part that matters most: The clock starts ticking when the harm occurs. You can't wait two years to see how things play out and then file. If the deadline passes, your claim can be completely barred, even if what happened to you was serious and clearly wrong.

One important exception: Ongoing harassment

There's something called a "continuous violation" that many employees don't know about, and it can actually work in your favor. If you experienced repeated harassment over a period of time, say, months of unwanted comments or advances, the deadline doesn't start from the very first incident. It starts from the last occurrence. So if the harassment was ongoing, you may have more time than you think.

The best time to reach out is now

You don't need to have everything figured out before talking to someone. In fact, the earlier you get information, the better. Whether you eventually decide to take action or not, knowing where you stand, and how much time you have, can protect your options down the road.

If you think something at work hasn't felt right, contact us or visit the EEOC's resource page to learn more. A quick conversation now could make a real difference later.

Stuckey v. Yellow-Roadway Corporation

This action was instituted by various hourly employees to address nationwide discrimination by the Yellow-Roadway Corporation and their Unions. Instances of discrimination include the creation of a hostile work environment and open bigotry by employees who felt empowered by their union and supervisors who joined in on treating Black employees as less than White employees. The complaint also alleges that the Union discriminated against its Black members by failing to advocate for their rights in a manner equal to those of their White counterparts.
Downloads:

  1. YRC Race Discrimination Complaint

Sweeney v. United States Postal Service (Mail Carriers)

This action was instituted by a group of Smithtown Postal workers who oppose actions by the USPS and its agencies which illegally targeted older employees in an effort to force them into retirement. In doing this, the USPS utilized various techniques including creating a hostile work environment, overly disciplining older employees, and further harassing and insulting older workers. These policies violate the Age Discrimination in Employment Act (“ADEA”).
Downloads:

  1. USPS Smithtown Age Discrimination Complaint

Dallas Utility Workers Claim Racial Discrimination

The Dallas Water Department tolerates racial discrimination, a hostile work environment and retaliation, according to a new federal lawsuit.

The lawsuit was filed Wednesday by 11 African-Americans, one Hispanic and one Asian-American employee.

“It’s business as usual. It’s a good old boy syndrome,” said employee Leroy White.

Among other things, the lawsuit cites a noose displayed in an employee’s car at the Southside Water Treatment Plant two years ago.

Dallas Utility Workers Claim Racial Discrimination
Dallas Utility Workers Claim Racial Discrimination

”Five days later he came with a bigger noose,” said employee Clement Bernard. “He stated it was because he thought I was wrong for making him take the noose out of his truck on city property.”

The city disciplined the employee with the noose and that employee later resigned.

In a prepared statement, city spokesman Frank Librio said the city does not tolerate discrimination.

“The City took corrective measures regarding these situations at the time the allegations were first reported. The City denies that it has engaged in any unlawful conduct,” he said.

The statement said a specific program was developed for the water department to avoid discrimination and a hostile work environment.

But the lawsuit claims discrimination still exists.

“These individuals have raised these complaints with the city of Dallas and with their employers for years,” attorney Jay Ellwanger said. “We’re asking that it stop. We’re asking that our clients be given damages.”

Get More:

Click here to view the lawsuit and click here to read the city’s response.

Employees Sue Dallas for Racism

Employees Sue Dallas for Racism: MyFoxDFW.com

DALLAS – From racial slurs to a hangman’s noose, 13 Dallas employees say they’ve had enough. The group has filed a federal lawsuit, which they say outlines a culture of outright racism.
The plaintiffs filed their suit Wednesday. They include black, Hispanic and Asian workers of Dallas Water Utilities.
The employees claim they were threatened, verbally harassed and intimidated by racist graffiti written on bathroom walls. There was also an incident involving a hangman’s noose dangling from a city vehicle, according to the lawsuit.
A statement from the city of Dallas said officials deny the unlawful conduct.
The city said some of the allegations date back seven years and corrective measures were taken then. The statement also said the Department of Justice declined to file a lawsuit in the case.
Watch FOX 4 Matt Grubs’ video story to hear from both the employees and a city spokesman.