Do You Have To Complain To The Government?

You must file a timely charge with the U.S. Equal Employment Opportunity Commission if you are filing a claim of discrimination, retaliation, or harassment under:

  • Title VII of the Civil Rights Act of 1964 (race, color, national origin, sex, and religious discrimination);
  • Age Discrimination in Employment Act of 1968 (age discrimination against those who are 40 and older);
  • Equal Pay Act of 1963 (sex discrimination in pay for performing the same work as people of the other sex);
  • Title I of the Americans with Disabilities Act of 1990 (disability discrimination and failure to make reasonable accommodation).

You cannot file a timely charge with the U.S. Equal Employment Opportunity Commission about a claim of discrimination, retaliation, or harassment under:

  • 42 U.S.C. § 1981 (racial and ethnic discrimination; does not cover sex discrimination);
  • The Fair Labor Standards Act of 1938 (minimum wage and payment of overtime);
  • The Worker Adjustment and Retraining Notification (“WARN”) Act (generally requiring 60 days advance notice of a “plant closing” or “mass layoff”);
  • Sec. 510 of the Employee Retirement Income Security Act (“ERISA”) (discrimination against employees for the purpose of interfering with their receipt of benefits to which they are entitled);
  • The National Labor Relations Act (protects concerted activity by employees with respect to terms and conditions of employment and protects against unfair labor practices); and
  • State or local equal employment opportunity laws.

You may, but do not have to, file a complaint with the Wage and Hour Division, U.S. Department of Labor, about the Fair Labor Standards Act of 1938 (minimum wage and payment of overtime).

You may, but do not have to, file a complaint with the Wage and Hour Division, U.S. Department of Labor, about violations of the Worker Adjustment and Retraining Notification (“WARN”) Act (generally requiring 60 days advance notice of a “plant closing” or “mass layoff”).