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The people of Indiana are entitled by law to work and seek employment without being discriminated against on the basis of their disability, national origin, ancestry, race, color, religion, gender and their status as a veteran.
If you are facing workplace discrimination or harassment, you should first complain within your company, using the complaint procedures outlined in your company’s employee handbook or other policies. (If your company doesn't have a complaint process, raise your concerns with the HR department or a manager.) If you aren't satisfied with your company's response, you should immediately seek legal advice from PODLASKI LLP. We are recognized by Expertise.com as one of the “Best Employment Lawyers In Fort Wayne”. We are, therefore, uniquely qualified to assist you in prosecution of your employment discrimination claim.
Prosecuting your claim requires that we first file a charge (complaint) of discrimination with the Equal Employment Opportunity Commission (EEOC) in Indianapolis, before we may bring a Complaint-at-Law against your employer. It is important that you timely file such a claim. Indiana requires an employee alleging discrimination Complaints must be filed within 180 days of the discriminatory act.
In some cases, you will not be able to recognize illegal discrimination from a single action by an employer. If you discern a pattern of illegal discrimination that extends back more than 180 days, the safest way to proceed is to assume that the EEOC time limit began with the event that caused you to recognize the pattern and file a complaint as soon as possible. Such cases often require complicated proof, so consider consulting a lawyer for help.
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Q: HOW DO I BEGIN WITH BRINGING A DISCRIMINATION COMPLAINT FORWARD?
Because illegal discrimination rarely takes the form of one simple event, it is important to organize your evidence by chronologically listing the incidents of illegal discrimination against you before contacting the EEOC to file a complaint.
Keep a log of the date, time, location, people involved, and nature of actions that demonstrate any pattern of illegal discrimination. Keep a file of any documents that your employer gives you, such as written performance reviews or disciplinary notices.
If you present your evidence to the EEOC in an organized way—without yielding to the temptation to vent your displeasure with your employer's policies and practices—you will raise the chances of your complaint getting full attention and consideration from the EEOC investigators
Q: HOW DOES THE EEOC HANDLE COMPLAINTS?
When you file a complaint, typically an EEOC staff lawyer or investigator will interview you and initially evaluate whether or not your employer's actions appear to violate Title VII. Theoretically, the EEOC has 180 days to act on your complaint. If the interviewer does not feel that the incident warrants a complaint, he or she will tell you so.
Q: FILING A TITLE VII LAWSUIT:
While you file your discrimination claim with the EEOC, be aware that the agency pursues only a small fraction of the charges it receives. In the very likely event that the EEOC does not act on your complaint within 180 days, you then have the right to request a right-to-sue letter that authorizes you to file a lawsuit in federal court against the offending employer. This type of lawsuit is complex and, in cases involving an employee dismissal, is often packaged with other claims. You will probably need to hire a lawyer to help you.