Once you’ve determined that the conduct you experienced might have been unlawful discrimination, as defined by the laws administered by the Equal Employment Opportunity Commission (EEOC), New York State Division of Human Rights (NYSDHR), or New York City Commission on Human Rights (NYCCHR), you will have to decide where to report the misconduct. That is not always as clear as we would like it to be. The relationships of the parties involved, the severity of the misconduct, your resolution goals, and other aspects can add complexity. Below are some of the options you have and considerations regarding their appropriateness under the unique circumstances of your complaint.
Reporting Discrimination Internally
Reporting to Your Supervisor
You might instinctively turn to your immediate supervisor because of proximity and convenience. However, this might not be the best first step. Operations supervisors are typically hired or promoted for their abilities to ensure workers produce products or services on time and as specified. They aren’t necessarily skilled to handle discrimination complaints. They might lack the necessary experience or formal training to handle delicate and legally complex matters. This could lead to a flawed or non-existent investigation.
Additionally, the supervisor might have difficulty setting aside personal biases and judgments to give your complaint fair consideration. This is especially common when the alleged harasser directly reports to the supervisor or has a role important to the operations, such as a valuable client or vendor would have. Conflicts of interest make fair and impartial investigations in these situations impossible.
Reporting to Human Resources
If your employer issues an employee handbook, that guide will usually outline the process for reporting discrimination. In larger employers, the handbook will designate the Human Resources (HR) department or a trained HR professional as the point of contact. In smaller businesses, the office manager or owner might serve in this role. Either way, the added formality can have you second-guessing the seriousness of the behavior and fearing retaliation for reporting.
Rest assured; the law protects you. If your employer allows retaliation, a lawyer can help you address the additional misconduct, as I discuss below. HR’s primary function is to protect your employer from false claims, and those that allow misconduct to continue are usually exposed through lawsuits or media exposure in due time. In the meantime, report your concerns to HR and give the business an opportunity to conduct a fair and impartial investigation.
Let HR decide if the behavior at issue is illegal and how it should be addressed. It is not your responsibility–and probably not within your skillset–to make that determination. If nothing else, an HR complaint will help you document your attempts to resolve the issues, if you are unable to and need to seek outside help.
Seeking Outside Help for Discrimination
Filing with a Government Agency
If an internal complaint fails to resolve your concerns, or if you determine internal reporting is not a viable option, you can file a charge of discrimination with a government agency, such as the EEOC, NYSDHR, or NYCCHR. Sometimes, the NYS or NYC agencies will automatically file a complaint with the EEOC on your behalf. It is important for you to understand these steps and associated timelines, if it appears you might have to fight your employer in court.
Although the process of filing a charge with a government agency is straightforward, you might want an attorney’s guidance in gathering essential information, such as the full legal name of the employer entity, a brief description of the events, the dates on which they occurred, and the reason you believe it is unlawful discrimination.
Consulting an Attorney
Attorneys do not solely prepare people for lawsuits. They can also serve as expert guides through administrative processes. Lawyers can draft and file the charges, manage communications, and ensure all critical deadlines are met. Often, those who represent employees will do so for a contingency fee. You won’t pay upfront costs, and they will take their fees from any money you recover.
Conclusion
Resolving workplace discrimination isn’t about one single action, but a series of informed choices. By understanding the legal process, detailing your experience, and choosing the right reporting channel—from internal to external—you can protect your rights and work towards a humane, affordable, and quick (HAQ) resolution.