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Filing a Federal Job Discrimination Complaint With the EEOC

June 30, 2020

Federal and state laws protect employee discrimination on certain characteristics in Illinois workplaces across the state. However, depending on what type of employer you have, the complaint has to be made in a specific manner and to a specific entity. For federal employees, that entity is the Equal Employment Opportunity Commission (EEOC).

The EEOC is a federal agency responsible for enforcing workplace discrimination. The responsibility for enforcing state anti-discrimination laws falls to the Illinois Department of Human Rights (IDHR). This entity protects discriminated employees by conducting investigations of alleged discriminatory acts against private employers, local government, unions and environmental agencies.

On the other hand, federal anti-discrimination laws apply to employers who have 15 or more employees on the payroll, except the following:

  • Age discrimination complaint against employers who have 20 or more employees.

  • Citizen status discrimination complaint against employers who have four (4) or more employees.

  • Equal pay discrimination for both male and female employees for all employers.

In the state, organizations that have 15 or more employees on the payroll are held to all anti- discrimination standards and laws. Also, employers who have one or more employees who violate anti-disability, anti-pregnancy and sexual harassment laws are subject to hefty lawsuits.

Federal employees who think they have been discriminated against in the workplace have 300 days from the first act to file their complaint with the EEOC. The complaint should have the following details:

  • A detailed description of the discriminatory act.

  • The complainer’s phone number and address.

  • Information on the employer or supervisor who committed the discriminatory act.

  • The signature of the complainer.

If mediation does not work, the EEOC will start its investigation of the claim, depending on the information you provided. If they are unable to determine if the accused violated a law, you would receive a Notice of Right to Sue, which gives you permission to file a lawsuit. This has to be done within 90 days of the arrival of the notice.

Even though you are protected by law against workplace discrimination, you may not know how to assert those legal rights. This is where the Law Office of Michael Smith can help. We have more than three decades of experience fighting for the rights of employees in Schaumburg, Illinois, and surrounding states. Get in touch with us for a consultation today. We can ensure you get the compensation you deserve.