Complain to Government Agencies Before Filing a Lawsuit

If complaining to your employer doesn't help, the next step is to go to either the federal agency that enforces Title VII -- the U.S. Equal Employment Opportunity Commission -- or to your state fair employment office. If all investigation and settlement attempts fail to produce satisfactory results, you can file a civil lawsuit for damages under either Title VII or your state fair employment practices statute.

You must file a complaint with the EEOC before filing a federal lawsuit. Even if you intend right from the beginning to file a lawsuit, you sometimes must first file a claim with a government agency. For example, an employee pursuing a claim under federal law must first file a claim with the Equal Employment Opportunity Commission (EEOC), and a similar complaint procedure is required under some state laws.

The EEOC or state agency may decide to prosecute your case on your behalf, but that happens rarely. More commonly, at some point, the agency will issue you a document referred to as a "right-to-sue" letter that allows you to take your case to court with your own lawyer. Note, however, that there are time limits for filing claims with government agencies and for filing a lawsuit, so be sure not to miss them.