Discrimination at school or work: what you can do

At work

At school

Federal law protects job applicants and employees from discrimination based on race, color, religion, sex (including pregnancy, transgender status and sexual orientation, as the EEOC lists it), national origin, age (40 or older), disability and genetic information.

Federal civil rights laws protect students at schools and colleges that receive federal money. The U.S. Department of Education’s Office for Civil Rights (OCR) handles complaints about race, color, national origin, sex, disability and age.

The U.S. Department of Justice Civil Rights Division also works on discrimination in education, including religion, and failing to support students who are learning English.

After something unfair happens, you might feel shocked, angry or scared. It’s okay to take a breath before deciding anything. Writing things down soon after, while details are fresh, keeps every option open.

What to record

1. The date, time and place.
2. What was said or done, in as close to the exact words as you can remember.
3. Who was involved, and who saw or heard it.
4. How it affected you, your work or your studies.
5. Any emails, messages, schedules, grades or reviews linked to it (save copies somewhere personal).
6. Who you told about it, and when.

The EEOC suggests telling the person that the behaviour is unwelcome and must stop, if you feel safe to, and reporting harassment to management early, before it gets worse. Many employers have a complaint process.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal job discrimination laws. In most cases you must file a charge with the EEOC before you can sue an employer for job discrimination.

Ways to start

• By phone: 1-800-669-4000 (to talk through your situation; charges aren’t taken over the phone)
• Deaf or hard of hearing: TTY 1-800-669-6820 or ASL video phone 1-844-234-5122
• In person at an EEOC office
• Online through the EEOC Public Portal (publicportal.eeoc.gov)
• Through your state or local fair employment agency, which can file with the EEOC for you

Anyone can file a complaint with the U.S. Department of Education’s Office for Civil Rights, including a parent or someone acting on a student’s behalf. Complaints should generally be filed within 180 days of the last incident.

Ways to reach OCR

• Online complaint form on ed.gov
• Email: OCR@ed.gov
• Phone: 1-800-421-3481
• By mail or fax to the OCR regional office for your state

If you file a complaint for a child under 18, OCR may ask for a consent form signed by a parent or guardian.

You can also report civil rights violations in education, such as religious discrimination, to the U.S. Department of Justice at civilrights.justice.gov.

It is illegal for an employer to punish you for asserting your right to be free from discrimination. The EEOC says retaliation is the most frequently alleged basis of discrimination in the federal sector.

Protected activities include

• Answering questions in a workplace investigation
• Asking coworkers or managers about pay to uncover unfair wages
• Filing a charge or complaint, or being a witness
• Reporting discrimination or harassment to a supervisor
• Requesting a disability or religious accommodation

Retaliation can look like

• Being moved to a worse position or shift
• Increased scrutiny or unfair write-ups
• Lower performance reviews without reason
• Spreading false rumours
• Threats or verbal abuse

Schools may not retaliate against anyone who files a complaint or takes part in an OCR investigation either.

You don’t need a lawyer to file with the EEOC or OCR. Still, advice can help you understand your options and deadlines.

Going through a complaint can feel like reliving what happened. Waiting for answers, facing the people involved and worrying about the outcome are all stressful. It’s normal to feel tired, angry or anxious along the way.

If stress from what happened is affecting your sleep, relationships, work or studies, it’s a good time to talk with a mental health professional. Students can often see a school or campus counselor for free.

Reach out if, for two weeks or more, you notice

• Changes in appetite or weight you didn’t plan
• Difficulty getting out of bed because of your mood
• Feeling irritable, frustrated or restless most of the time
• Losing interest in things you usually enjoy
• Trouble sleeping or concentrating

Where to start

• A school, campus or workplace counselor (Employee Assistance Programs are often free)
• A therapist who understands your background
• Your primary care or clinical provider, who can help you find mental health care