You may worry about losing your job if you report discrimination at work. Perhaps your supervisor treats you unfairly or your employer ignores your complaints. However, you may not want to resign just to protect your rights.
You can file a complaint with the Equal Employment Opportunity Commission (EEOC) while keeping your job. Federal and Colorado laws protect workers who report unlawful discrimination.
Can you file without leaving your job?
You do not need to resign before filing an EEOC complaint. You can continue working while the agency reviews your concerns. The EEOC handles complaints involving discrimination based on protected traits, including race, religion, sex, age and disability. For example, you may have grounds to file a complaint if your employer denies you a promotion because of your age. You may also file if your supervisor harasses you because of your religion.
In Colorado, workers generally have 300 days from the discriminatory act to file a federal EEOC charge when the claim falls under both federal and state law. However, some claims have different deadlines. You can begin through the EEOC’s online filing process. An online inquiry alone does not count as a formal charge.
Can your employer punish you for filing?
Federal law prohibits employers from retaliating against workers who report unlawful discrimination or take part in an EEOC investigation. Under the EEOC’s retaliation protections, employers generally cannot punish workers for exercising these rights. Retaliation may include:
- Firing or demoting an employee
- Cutting work hours as punishment
- Denying promotions because of a complaint
- Threatening or harassing an employee
However, filing a complaint does not protect you from legitimate disciplinary action. Your employer can still enforce workplace rules and address poor performance. If you suspect retaliation, keep records of relevant emails, schedule changes and conversations. These details may help support a separate retaliation claim.
How can you protect your rights while working?
Before filing, gather information about the discrimination. Record dates, incidents and witnesses. Keep relevant documents that you can lawfully access. You should also continue meeting your job duties while the EEOC reviews your complaint.
An employment attorney can help you understand your filing deadlines and legal options. They can also explain how to respond if your employer takes action against you after you file.