Options for People who Experience Employment Discrimination

Law-In-Brief: Employment #4

Date:  September 17, 2002

Prepared by:  Elizabeth Baldwin

 

My employer discriminated against me because I have a disability.  What can I do?  Are there deadlines for filing complaints?

If you think you have been discriminated against because of a disability, there are several things you can do.  You can:   

(1) Try to work out the problem with your employer informally.  You might try arranging a meeting with your supervisor or employer to confront him or her about the treatment that you feel was discriminatory. Or you might try writing your employer a letter alerting him or her to the discrimination you feel you experienced.  If you choose to write a letter, then keep a copy for your own records.  This way both you and your employer have proof that you had communication about the incident.

(2) Find out if your employer has an internal discrimination complaint process.  If s/he does, then you may file an internal complaint.  If your employer provides employees with an employee handbook, the handbook might be the best place to discover whether or not there is a complaint process.  Otherwise, you can ask your supervisor or your employer if there is a policy or procedure you should follow.

(3) File a complaint with the Washington State Human Rights Commission.  To file your complaint, contact your local Human Rights Commission office (the phone numbers are listed below) and ask to speak with an “intake coordinator.”  The intake coordinator will ask you questions about your situation to decide whether to send you a complaint form. 

Note: You must have your Human Rights Commission complaint form “notarized,” and your complaint form must be filed with the Human Rights Commission within 180 days of the discriminatory act described in your complaint.

(4) File a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).  You must file your complaint with the EEOC within 180 days of the time you were discriminated against.  To file a complaint, contact the EEOC at 1-800-669-4000 (voice) or 1-800-669-6820 (TDD).

Note:  If you filed a complaint with the Human Rights Commission (see number 3, above), you must file your EEOC complaint no more than 30 days after the Human Rights Commission notifies you that their complaint process is completed. 

(5) File a complaint with your city or county civil rights enforcement agency.  Some cities and counties have their own ordinances that prohibit discrimination, and have their own civil rights agencies.  Some of these agencies are listed below.  To find out if your city or county has an enforcement agency, contact your city or county.

I don’t want to go through the administrative process.  I just want to sue my employer for violating the ADA right now.  Can I do that?

No.  In order to file a lawsuit under the ADA, you must first go through the EEOC complaint process and obtain a “Right to Sue” letter from the EEOC.  However, you can file a lawsuit in state court under the Washington’s’ law against discrimination without filing a complaint with the Human Rights Commission.  It is a good idea to consult with an attorney before deciding to file a lawsuit. 

I am a federal employee.  Are there special rules governing employment discrimination complaints by federal employees?

Yes.   If you believe that you have been discriminated against by a federal agency, you have the right to file a complaint with that agency.

First, you need to contact an “EEO Counselor” at the agency within 45 days of the discriminatory action.  You may choose to participate in either counseling, or in Alternative Dispute Resolution (ADR) when the agency offers ADR.  Usually, counseling must be completed within 30 days and ADR within 90 days of the incident.  At the end of counseling, or if ADR is unsuccessful, the individual may then file a complaint with the agency.

The agency must do an investigation of the complaint, unless the complaint is dismissed.  Once the agency finishes its investigation, you may request a hearing before an EEO administrative judge or an immediate final decision from the agency. 

If you are dissatisfied with the outcome of the agency’s complaint resolution process, you can appeal the agency’s decision to the EEOC.  Appeals to EEOC must be filed within 30 days of when the employee received notice of the agency’s final action.

Where can I find more information about employment discrimination complaints?

U.S. Equal Employment Opportunity Commission

909 First Avenue, Suite 400

Seattle, WA 98104

Voice:  1-800-669-4000

TTY:  206-220-6882

Web site:  www.eeoc.gov

 

 

Washington State Human Rights Commission

Olympia Office:  For Complaints from Western Washington and the Olympics, including Pierce, Thurston, Clark, Lewis, Grays Harbor, and Kitsap Counties

P.O. Box 42490

711 S. Capitol Way, Suite 402

Olympia, WA  98504

Voice:  1-800-233-3247

FAX:  360-586-2282

TTY:  1-800-300-7525

 

Seattle Office:  For Complaints from Central and North Puget Sound, including King, Snohomish, Skagit, San Juan, Island, and Whatcom Counties

Voice:  1-800-605-7324

FAX:  206-464-7463

TTY:  206-587-5168

 

Spokane Office:  For Complaints from Eastern Washington, including Spokane, Whitman, Okanogan, Lincoln, Ferry, and Stevens Counties

Great Western Building

W 905 Riverside Ave, Ste. 416

Spokane, WA  99201-1099

Voice: 509-456-4473

FAX: 509-456-4441

 

Yakima Office:  For Complaints from Central Washington, including Yakima, Kittitas, Chelan, Benton, Walla Walla, and Klickitat Counties

32 N 3^rd    Suite 422

Yakima, WA 98901-273

Voice:  1-800-662-2755

FAX:  509-575-2064

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