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Filing an Employment Discrimination Complaint with the EEOC Law Center Transgender Law Center works to change law, policy, and attitudes so that all people can live safely, authentically, and free from discrimination regardless of their identity or expression.

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Copyright © 2016 Transgender Law Center This guide may be used and reproduced without permission of Transgender Law Cen- ter so long as it is properly cited. Excerpts may be taken if (a) they are properly cited AND (b) they are used within their proper context AND (c) a note is included that the excerpt is not legal advice. Fact Sheet non_discrimination_laws. Jersey, NewMexico,Nevada, Oregon,RhodeIsland,Utah,Vermont,andWashington. See /www.lgbtmap.org/equality-maps/ nation: California,Colorado, Connecticut, Delaware,Hawaii,Illinois,Iowa,Maine,Maryland, Massachusetts,Minnesota,New 3 AsofApril2015,19states andWashington,D.C.havelawsthatexplicitlyprohibit gender identityemploymentdiscrimi based uponrace, religion,sex,color, andnationalorigin. 2 TitleVIIreferstooftheCivilRightsAct1964, whichisafederal law thatprohibitsemployment discrimination tion. growing trendofcourtdecisionsholdingthatsexdiscrimination lawsprotecttransgenderpeoplefromemploymentdiscrimina 1 TheEEOCisthefederalagencyinchargeofenforcingand interpretingfederaldiscriminationlaws.Itsdecisionsconfirmthe agency andaskthemto“cross-file”(that is,toopenaparallel complaint)withtheEEOC. or expression If you live someplace that has a state law prohibitingemployment discrimination based on attorneys canbringlawsuits infederal courtagainstemployers whodiscriminate. diation between employers who haveand individuals experienced discrimination; and EEOC EEOC staff investigates complaints of discrimination and makes a determination; provides me For employees and job applicants in the private sector and in state and local governments, employees inboth unlawful discrimination under Title VII. Transgender Law Center was proud to represent the as everyone else, or intentionally calling them by the wrong name and pronoun – constitute harassment faced by transgender use employeesthe same restroom them – telling they can’t 2015, the EEOC decided Holder discrimination against transgender employees. This rulingwas issued inthe case of decision, In 2012, the U.S. Equal Employment Opportunity Commission (EEOC) employers. employees, including private sector employers and federal, state, and local government throughout the United States, because Title VII applies to all employers with 15 or more country. investigators the and across offices EEOC transgender affect people decisions The These decisions are EEOC binding on all federal agencies and federal contractors and on explicitly includegenderidentity orexpression. in the 31states that do not yet have state - level employment nondiscrimination laws that their gender identity or expression. This is especially important for transgender employees legal protection through the EEOC if they experience employment discrimination because of States are protected from employment discrimination by federal law and have access to This means that transgender and gender non-conforming people everywhere in the United , brought to the byEEOC Transgender Law Center on behalf of our client Mia Macy. In Background of FederalEmployment Rightsfor Transgender Employees Macy v. Holder Macy andLusardi Filing a Complaint as aNon-FederalEmployee , holding that the federal sex discrimination law, Title VII Lusardi v. McHugh 3 , you may want to make a complaint with the appropriate state What Does This Meanfor You? . , holding that some of the most common forms of 1 issued a landmark 2 , prohibits Macy v. - - - Fact Sheet website here:www.eeoc.gov/field/ fice by entering in your zip code on the EEOC of field local your find can You procedures. about their for information office field local procedures differ, soyou shouldcontact your office’sEach an. making by or in, walking by just office field EEOC local your visit Youcan In Person process offilingadiscriminationcomplaint. the begin to office field EEOC local your to it questionnaire and then either bring or mail gin the online assessment. Print the intake Youwww.egov.eeoc.gov/eas/ visit can be to is the right agency if theEEOC to assistyou. line assessment tool that can help you decide complaints online.But they do have an on The EEOC does not accept discrimination Online Assessment to address the youdiscrimination experienced. what steps, ifany, your employer has taken employment, document those interactions and an internal complaint process at your place of tion claim. If you have attempted to go through case to support your employment discrimina line of discriminatory events to create a strong youractions with employer and create a time Additionally, you should document any in ter mation abouthowtocontactthem. You might also bring withyou the names of people who know about what happened and infor with you the letter or notice telling you that you were fired and your performance evaluations. bring might you performance, your of because fired were you that told were you if example, You should bring any information or papers thathelp the will EEOC understand your case. For What Information Should You Gather? ------hotline by calling 1-800-669-4000. times can be long. You can reach the EEOC once you have them. Note, however, that hold forms the out filling and/or online forms filing the finding in you assist can operatorsically, answer any questionsyou may have. Specif you through the process of filing a charge and by filed phone, operatorsEEOC are available towalk be officially can’t charges Although By Phone nation law). covered by a state or local non discrimi days ifthechargeis a complaint (thismay be extended to 300 when the discrimination took place to file have usually ployees”) to fileacomplaint. Federal employees have only ments (“non-federal em ness, state or local govern Employees of private busi Important Important Timelines for Filing a Complaint 180 days 45 days from ------Fact Sheet notice fromyour EEOCounselorabouthowtofile. a formal discrimination complaint. with your agency’s EEO Counselor, the EEO Counselor will send you a notice about how to file interview final your After Office. EEO agency’s the with agency the against complaint nation discrimi formal a file can you there, From completed. been has counseling your that notice you do not settle the dispute during counseling or through ADR, yoube provided will a written seling orinan alternative disputeresolution(ADR)program, such as a mediationprogram. If In most cases the EEO Counselor givewill you the choice of participating either in EEO coun EEO Counselorwithin45days fromtheday thediscriminationoccurred. the agency where you work orwhere you applied for a job. Generally, you must contact the If you are a federal employee or job applicant, the first step is to contact an EEO Counselor at plaints, andorderthatremedieslike moneydamagesbepaidtoindividuals. For federal employees and jobapplicants, the can EEOC actually rule on discrimination com you provided onanofficial EEOCchargeform. plete, yoube contacted and may will beasked tosigna document all of with the information that information or you may be sent a follow up questionnaire. Once your information is com Your letter be will reviewed and if more information is needed, you be will contacted to gather Don’t forgettosigntheletter.Ifyoudon’tit,itwon’tbeinvestigated. cludes thefollowinginformation: getting close to your time limit, it is not advisable to file by mail.) Make sure your letter in If you’re (Note: office. field EEOC local the to letter a You sending by charge a file also can By Mail • • • • • • • When theevents tookplace,timelineofevents; were fired,demoted,harassed); A short description of the events you believe were discriminatory (for example, you The numberofemployees employed there(ifknown); or union)you want tofile your chargeagainst; The name, address, and telephone number of the employer (or employment agency Your name,address,andtelephonenumber; Your signature. transition, orsexstereotyping); and transgender status, gender identity, , transgender status, gender Why you believe you were discriminated against (for example, because of your sex, Filing a Complaint as aFederalEmployee You must file your complaint within complaint your file Youmust What’s Next? 15 days of receiving - - - - - Fact Sheet transgenderlawcenter.org/help or(415) 865-0176x306. If you have any questions, please contact Transgender Law Center’s Legal Helpline at www. al-orientation-and-gender-identity-discrimination-in-federal-civilian-employment.pdf. opm.gov/policy-data-oversight/diversity-and-inclusion/reference-materials/addressing-sexu A Guide to Employment Rights, Protections, and Responsibilities. It is available online at www. dressing and Gender Identity Discrimination In FederalEmployment Civilian Ad guide, a created have Board Protection Systems Merit the and Counsel, Special of Office the Commission, Opportunity Employment Equal the Management, Personnel of Office U.S. help employees betterunderstandtheseremediesandtheprocessforaccessingthem, Keep in mind that you may have other remedies to discrimination as a federal employee. To court. it occurred and can award you damages. In either case, you can appeal the result to a federal discrimination to an EEOC administrative judge, then who will make a decision about whether occurred. If you request a hearing, you havewill the opportunity to provide evidence of the criminated against you to issuea decision as to whether or not they think the discrimination can either request a hearing before an EEOC administrative judge, or ask the agency that dis you choices: two you giving notice a issue will agency the finished, investigationis the When option togodirectlyfederal courttofilealawsuit.) gation. (After 180 days have gone by, even if the investigation isnot complete, you have the you otherwise, they have 180 days from the day you filed your complaint to finish the investi dismiss the complaint, conduct it willan investigation.If the EEOC doesn’t Unless they tell accepted ordismissedforaprocedural reason(forexample,ifyour claimwas filedtoolate). received your complaint and begin will its review and decide whether or it not the case be will know you letting letter a you send will EEOC the complaint, formal a filed have you Once • • • • • prepare your discriminationcomplaint,itmustcontainthefollowing: You must file your complaint at the same EEO Office where you received counseling. When you Your signature(oryour lawyer’s signature) A shortdescriptionofany injuryyou suffered;and or sexstereotyping); gender status, gender identity, gender expression, transgender status, gender transition, Why you believe you were discriminated against (for example, because of your sex, trans that you wereterminated,demoted,orharassed); A short description of the events you believe were discriminatory (for example, the fact Your name,address,andtelephonenumber Filing aFormalComplaint Any Questions? What’s Next? - - - - - Fact Sheet Request hearing before anEEOC Administrative Investigation complete 180 daysof your filed Judge Agency willconduct investigation within Not dismissed? complaint within Contact anEEOCounselor discrimination occurred EEO Counselor willoffer counseling ormediation or Counselor’s notice complaint within 15 days Make aformal 45days Not resolved? Ask theagency discrimination determination as to whether to make a occurred Yes of EEO of whenthe procedural reason. e.g. claim filed too late Possibly for a Are you afederal employee? Dismissed? information orafollow- is needed, you will be If moreinformation contacted for more near you andbring any information to Find aEEOC office up questionnaire understand your File achargein assesment onlineto determine if EEOC isthecorrect agency person You have complaint. Take theonline case EEOC iscorrect agency Letter willbereviewed 180 days No or Make sure your letter contains the 7. 6. 5. 4. 3. 2. 1.

File acharge via YOUR SIGNATURE discriminated against;and Whybelieve you were you timeline of events, etc; When theevents took place, believe were discriminatory; descriptionof eventsShort you employed there(ifknown); The numberof employees want to file your chargeagainst; ofemployer yournumber you The name, address&telephone number; Your name, address&telephone to filea mail may beasked to sign a documentwithall the information youthe At alater date you following: provided onEEOC letterhead 1629 Telegraph Ave, Suite 400 Oakland, CA 94612 www.transgenderlawcenter.org