How to File a Civil Rights Complaint
Determine if you must file a complaint with an agency first., Find the agency that handles your type of complaint., Contact the appropriate department's office of civil rights., Draft your complaint., File your complaint., Cooperate with the...
Step-by-Step Guide
-
Step 1: Determine if you must file a complaint with an agency first.
Some civil rights laws require you to exhaust all administrative options before you can initiate a lawsuit.For example, if you believe you were a victim of housing discrimination, you must file a complaint with the Department of Housing and Urban Development.Nearly all civil rights complaints involving employment must be filed first with the Equal Employment Opportunity Commission.
The complaint must be filed within 180 days of the date of the incident if you wish to preserve your right to sue. -
Step 2: Find the agency that handles your type of complaint.
Different federal agencies have control over complaints that arise under different federal laws.
For example, the U.S.
Department of Heath & Human Services investigates complaints of discrimination against health care providers or state and local agencies that provide health and social services., Each federal agency typically has an office of civil rights to handle all civil rights complaints filed with that agency.The agency provides a mailing address and phone number to contact the office of civil rights.
Depending on the department, you may also be able to use a website to submit your complaint and review any additional information., You must include your contact information along with a description of the incident in which you allege your civil rights were violated.
Each department will have specific information that must be included in the complaint, and typically will have a form available that you can use.
If you are filling out a form, you should fill in as much of the form as you can, as truthfully and completely as possible.At a minimum, you should make sure you include all relevant contact information, the date, time, and location of the event you allege to be discriminatory, the name and contact information of the individual you believe committed the violation, and the names and contact information of any witnesses to the violation.Attach any relevant documents and describe any additional steps you took to resolve the issue before submitting the complaint., Once you've completed your complaint and included any supporting documentation, you must file your complaint with the appropriate agency.
Make sure you've fulfilled all requirements of filing a complaint.
Each type of complaint will have its own requirements and deadline for filing.
For example, complaints filed with the HHS must be filed in writing within 180 days of the date of the event giving rise to the complaint.You should always file your complaint as soon as possible after the incident occurs.
Typically you won't have any longer than a year after the event to file a complaint with the appropriate agency, but the deadline often is shorter.There usually will be a local field office where you can file your complaint in person.
You also should be able to file your complaint by mail, and sometimes you can get the process started over the phone., After you've filed your complaint, an agency representative may contact you with questions or requests for further documentation.
The agency will dismiss the complaint if it determines it doesn't have the legal authority to investigate it, it wasn't filed by the deadline, or that it fails to state a violation of one of the laws that agency enforces.If the agency decides to investigate your complaint, you'll receive notification.
You may be asked for more information, or an agency representative may call you for an interview.You may be encouraged to attend mediation and resolve your claims.
Otherwise, the agency may launch an investigation that could take several months.
You may be subject to additional interviews or further requests for information once the investigation commences. -
Step 3: Contact the appropriate department's office of civil rights.
-
Step 4: Draft your complaint.
-
Step 5: File your complaint.
-
Step 6: Cooperate with the agency's investigation.
Detailed Guide
Some civil rights laws require you to exhaust all administrative options before you can initiate a lawsuit.For example, if you believe you were a victim of housing discrimination, you must file a complaint with the Department of Housing and Urban Development.Nearly all civil rights complaints involving employment must be filed first with the Equal Employment Opportunity Commission.
The complaint must be filed within 180 days of the date of the incident if you wish to preserve your right to sue.
Different federal agencies have control over complaints that arise under different federal laws.
For example, the U.S.
Department of Heath & Human Services investigates complaints of discrimination against health care providers or state and local agencies that provide health and social services., Each federal agency typically has an office of civil rights to handle all civil rights complaints filed with that agency.The agency provides a mailing address and phone number to contact the office of civil rights.
Depending on the department, you may also be able to use a website to submit your complaint and review any additional information., You must include your contact information along with a description of the incident in which you allege your civil rights were violated.
Each department will have specific information that must be included in the complaint, and typically will have a form available that you can use.
If you are filling out a form, you should fill in as much of the form as you can, as truthfully and completely as possible.At a minimum, you should make sure you include all relevant contact information, the date, time, and location of the event you allege to be discriminatory, the name and contact information of the individual you believe committed the violation, and the names and contact information of any witnesses to the violation.Attach any relevant documents and describe any additional steps you took to resolve the issue before submitting the complaint., Once you've completed your complaint and included any supporting documentation, you must file your complaint with the appropriate agency.
Make sure you've fulfilled all requirements of filing a complaint.
Each type of complaint will have its own requirements and deadline for filing.
For example, complaints filed with the HHS must be filed in writing within 180 days of the date of the event giving rise to the complaint.You should always file your complaint as soon as possible after the incident occurs.
Typically you won't have any longer than a year after the event to file a complaint with the appropriate agency, but the deadline often is shorter.There usually will be a local field office where you can file your complaint in person.
You also should be able to file your complaint by mail, and sometimes you can get the process started over the phone., After you've filed your complaint, an agency representative may contact you with questions or requests for further documentation.
The agency will dismiss the complaint if it determines it doesn't have the legal authority to investigate it, it wasn't filed by the deadline, or that it fails to state a violation of one of the laws that agency enforces.If the agency decides to investigate your complaint, you'll receive notification.
You may be asked for more information, or an agency representative may call you for an interview.You may be encouraged to attend mediation and resolve your claims.
Otherwise, the agency may launch an investigation that could take several months.
You may be subject to additional interviews or further requests for information once the investigation commences.
About the Author
Ruth Martinez
Ruth Martinez has dedicated 5 years to mastering education and learning. As a content creator, Ruth focuses on providing actionable tips and step-by-step guides.
Rate This Guide
How helpful was this guide? Click to rate: