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File an Employment Discrimination Complaint (private sector employees)

Posted by consumers4justice on July 20, 2009

The first THREE steps are critical.

For private sector employees, the first step to file an EMPLOYMENT discrimination complaint is to identify the EXACT violation:

Age Discrimination; Race Discrimination; Sex Discrimination; Religious Discrimination; Coworker Discrimination; Supervisor Discrimination; Creating Hostile Work Environment; Reprisal for Prior Complaint; Disability Discrimination; and Medical Discrimination

This list is NOT an all inclusive list, but if you fail to identify the PRECISE discrimination violation; your complaint will be dismissed for failure to state a claim.  An excellent tool to assist complainants to identify the discrimination violation is the EEO Probability Assessments.

For private sector employees, the second step to file an EMPLOYMENT discrimination complaint is equally important; contact the Equal Employment Opportunity Commission (EEOC).  Again, if you fail to contact the EEOC within a certain time; your complaint will be dismissed for failure to state a claim

The third step is the investigation. This is not an easy process because ALL employers are required to submit a Position Statement, which is usually based on impartial investigation.  Many employers use third party contractors like Bashen, US Postal Service EEO Investigators, other 3rd party contractors, etc to discredit complaints; disqualify EEO charges; conduct bias investigations; and prepare impartial Position Statement  in favor of the employer (approximately 99% of the time).  You are encouraged to cooperate with the investigation, but don’t trust these deceitful 3rd party contractors.

These 3rd party contractors are groups of attorneys and non-attorney investigators, whose primary purpose is to defend the employer and discredit the complainant. These so-called fact-finders are unscrupulous and consequently a good source for employers, but a GREAT source for complainants is the Certified EEO Complaint Processors, who are non-attorney investigators; with a higher calling: protecting the aggrieved.  If you need assistance in pursuing your EEO Charge, we recommend our paralegal consultation services.

NOTE: The complaint process is different for federal employees and private sector employees.  Federal employees must file their complaint at his/her Agency.  Also, the complaint process might be slightly different according to the Agency; so inquire at the Agency’s Civil Rights Department about the complaint process for DETAILED information.

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