Discrimination at work isn’t always loud or obvious. Sometimes, it’s a quiet comment. Other times, it’s being overlooked for a promotion you deserve. If you feel you’ve been treated unfairly at your job because of your race, gender, religion, age, disability, or other protected traits, you’re not alone—and you have rights. Knowing how to file a workplace discrimination complaint is the first step to protecting yourself. This guide breaks it down clearly so you know exactly what to do and what to expect.
What Is Workplace Discrimination?
Workplace discrimination happens when an employer treats an employee or job applicant unfairly based on certain personal characteristics that are legally protected. These include:
- Race or color
- National origin
- Sex (including pregnancy, sexual orientation, and gender identity)
- Religion
- Age (40 or older)
- Disability
- Genetic information
This kind of discrimination can show up in many ways: unequal pay, harassment, being passed over for promotions, wrongful termination, or being assigned less favorable tasks.
Step 1: Recognize the Signs and Document Everything
Before you file a complaint, gather solid evidence. Keep records of what happened, when it happened, who was involved, and how it affected your work. This includes emails, text messages, voicemails, performance reviews, and any witness statements. Write down each incident in detail while it’s still fresh in your mind. Dates, times, and specific actions matter.
You don’t need to wait until there’s a long list of issues. Even one serious incident may justify a complaint, but having proof gives your case weight.
Step 2: Review Your Company’s Policy
Most companies have a procedure for dealing with discrimination complaints. You can usually find this in the employee handbook or on your company’s internal HR website. Look for sections titled “Equal Employment Opportunity,” “Anti-Harassment,” or “Grievance Procedures.”
Follow the steps listed there. This usually involves reporting the issue to a supervisor, manager, or someone in Human Resources (HR). Be direct and professional when you make your report, and try to keep it in writing.
Step 3: File an Internal Complaint
Start by reporting your concerns to your company’s HR department. In many cases, HR will investigate the issue and take corrective action. This is often the fastest way to resolve the problem. Provide all the documentation you’ve collected, and clearly state the outcome you’re hoping for—whether it’s a change in duties, an apology, or disciplinary action.
If HR doesn’t take your complaint seriously or retaliates against you for speaking up, don’t stop here. There’s still a path forward.
Step 4: File an External Complaint with the EEOC
If internal action fails—or if the discrimination is severe—you can file a formal complaint with the Equal Employment Opportunity Commission (EEOC), a federal agency that enforces anti-discrimination laws.
Here’s how to do it:
- Deadline: You must file within 180 calendar days from the date the discrimination occurred. In some states, this extends to 300 days.
- How to File: You can file a charge online at eeoc.gov, by mail, or in person at an EEOC office.
- What to Include: Provide your contact info, your employer’s info, a detailed description of the incident(s), and any supporting documents.
- Next Steps: After reviewing your charge, the EEOC may investigate, offer mediation, or issue a “right to sue” letter.
Step 5: Consider Legal Action
If the EEOC issues a “right to sue” letter, you have 90 days to file a lawsuit in federal or state court. At this point, it’s wise to consult an employment attorney. They can help you understand your rights, assess your chances, and guide you through the legal process.
In addition to any losses, you can be entitled to compensation for lost wages and mental suffering. Legal action can also push companies to change their practices and prevent future discrimination.
Bottom Line
Dealing with workplace discrimination is stressful, but staying silent can make it worse. Filing a complaint is not just about getting justice for yourself. It’s also about holding companies accountable so others don’t have to go through the same thing.
