Simply put, the burden of proof lies with the complainant, who must demonstrate evidence supporting their discrimination claim. This involves presenting facts and sometimes witness testimonies to make a compelling case that the discrimination occurred.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.
Preparing Your Complaint Identify the type of discrimination you are alleging and make sure it is covered by the EEOC. Gather any relevant documents, such as emails, letters, performance reviews, or other records. Identify any witnesses who may be able to support your case.
Include the following in your complaint letter: Your name, address and telephone number. The name, address, and telephone number of your attorney or authorized representative, if you are represented. The basis of your complaint. The date(s) that the incident(s) you are reporting as discrimination occurred.
It Is Usually Best to File a Complaint With the DFEH But it is a good strategy to file a complaint with the EEOC too. Doing so will preserve your right to sue your employer under both state and federal anti-discrimination laws.
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.