Service of Charge on Employer

The process usually starts with a complainant-employee completing a discrimination questionnaire with the administrative agency which provides significant detail about the employee’s allegations. The agency then summarizes it into a short, typed charge of discrimination on grounds such as race, national origin, color, sex, age, disability, retaliation or other forms of discrimination. The charge is signed by the employee-complainant. Some agencies accept charges within 180 days of the claimed violation. The EEOC, however, permits charges to be filed within 300 days of the alleged violation.

It is important to note that the size of the employer often determines which agency and laws will apply. In general, employers with less than 15 employees are protected from certain kinds of charges and exempt from certain laws also. As such, small employers should be careful to first determine whether they are subject to the law or agency where the charge is filed. If not, the employer may not need to respond to the charge except to prove its total number of employees with payroll records. The scope of the charge is important because employee lawsuits are limited to the issues identified in the charge.

Employers should also be aware that they are strictly prohibited from retaliating against an employee who files a charge. Employees who believe that they are being retaliated against may file a new charge of retaliation which could become more problematic for the employer than the original charge of discrimination.