Workplace complaint

Add the situation pack — about $19.99

Complaint Situation Pack

A plain-English read of where your complaint stands, what employers typically do next, and the choices open to you at each step.

• Your case summarised in order, with dates and people
• An evidence checklist you can hand over
• How to prepare for an HR or investigation meeting
• What to consider if the outcome goes your way, goes against you, or never arrives

Which state do you work in?

We ask this in the builder before using any state-specific information. Where we don't hold reviewed content for your state, we say so rather than guessing.

General information sources we draw on

• A charge of discrimination is a signed statement asking the EEOC to take action. The EEOC describes how a charge is filed, how it may be investigated or mediated, and that it can issue a Notice of Right to Sue. Filing a complaint with your employer is a separate, internal step and is not the same as filing a charge.

  U.S. Equal Employment Opportunity Commission

• The EEOC explains that a charge of discrimination generally has to be filed within 180 calendar days of the act complained about, and that this can extend to 300 days where a state or local fair employment practices agency enforces a law covering the same thing. Federal employees follow a separate process with a much shorter first step. Deadlines are strict, and only the EEOC or a lawyer can tell you which one applies to your situation.

  U.S. Equal Employment Opportunity Commission

• EEOC guidance explains that retaliation for raising a discrimination concern is treated as a separate issue from the concern itself, and that protection can apply even where the original complaint is not upheld, provided it was raised in good faith. Keeping a dated record of what you raised and what happened afterwards is generally useful.

  U.S. Equal Employment Opportunity Commission

• The NLRB explains that Section 7 of the National Labor Relations Act protects employees — in union and non-union workplaces — who act together to improve pay, hours or working conditions, including raising a complaint as a group. The NLRB also notes that a purely individual complaint is generally not "concerted" activity.

  National Labor Relations Board