Filing a claim under anti-discrimination

As an ex-offender you are coved under the federal anti-discrimination laws. If you find yourself subject to discrimination, you have the right to file a claim with the EEOC (Equal Employment Opportunity Complain) office nearby. There are guidelines in place which you should follow in filing a discrimination claim as an ex-offender. Here are the general rules to help.

Who is able to file a claim under anti-discrimination laws:

  • Any person who believes their employment rights have been violated
  • Any person, agency, or organization may file a claim in the interest of another person

When filing a discrimination claim as an ex-offender, here is what you need to do:

  • A charge needs to be filed at the local EEOC (Equal Employment Opportunity Complaint) office. This is done either by mail or in person. You should call the local office for the exact procedure they follow.
  • Persons in need of special accommodations (translator, different format of print material) should notify the EEOC in advance

If you are filing a discrimination claim as an ex-offender, here is the list of information you will need to supply to EEOC:

  • Your name, address and phone number
  • The employer address, name and phone number
  • A short description of the issue
  • The date the issue occurred

You should remember that there are time limits to filing a claim for discrimination as an ex-offender:

  • Charges must be filed within 180 days of the initial problem. If the issue involves a state or local anti-discrimination guideline, the limit is extended to 300 days.

After filing a claim, here is what happens next:

  • The employer is notified of the investigation and the charges against them.
  • If there is strong evidence to support the claim, the filing goes directly into investigation.
  • If the employer and the ex-offender come to an agreement after the filing, the charges may be dismissed; mediation is another option if both parties agree.
  • During an investigation the EEOC conducts interviews, requests information, reviews documentation and visits the facility when needed.

After the investigation the EEOC will issue a statement of its findings. If the EEOC finds no valid claim, you have 90 days to file in court yourself.

Filing a discrimination claim as an ex-offender will take time and lots of paperwork. Be sure you have sufficient evidence to support your claims in court if it should go that far. Also be aware that many claims are filed without any attempts at finding a solution before the claim. The EEOC will ask about this.

There will be many times when you feel that you have been discriminated against, but will have no cause or proof of the act. The best solution to the problem in this case is to simply move on unless you find others who have suffered the same form of discrimination as you or it will be your word against the employer.