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How to file a grievance against an employer
To file a grievance against an employer, you need to determine the type of grievance you will file and file the grievance with your human resources (HR) department. Here is a step-by-step guide for this process and some other helpful tips:
Determine the type of grievance you are going to file. It is critical to determine the type of grievance you will file. Complaints to HR can take many forms, such as ones involving discrimination or harassment, illegal conduct, or the violation of company policies. Harassment falls into one of two categories:
Hostile working environment. This is when a superior or peer humiliates you in some form, verbally, physically, or otherwise.
Quid pro quo. When any job benefit, like a promotion, raise, or similar, is offered to you in exchange for your engagement in some form of sexual behavior.
Harassment and discrimination can also include:
Gender
Disability
Religion
Age
Race
Nationality
Color of your skin
Not all hostile workplace harassment involves one of these factors, but it often can.
Write down everything you can about the complaint. If possible, write down as much information on the experience after the incident or multiple incidents. This is not your official complaint to HR, but you can use this as a reference when writing it.
Try to write the complaint when you are calm. If possible, you should write your complaint when calm and not agitated. You should not do it directly after the incident involved in the complaint has taken place.
The key here is to remain objective and state the facts about the conflict and the individual(s) involved.
Get witness statements if possible. If other employees witnessed the incident involved in your complaint, you should ask them if you can use their official statements.
Specifics of what to include in a complaint to HR. Here is a checklist of everything that should be included in your complaint to HR:
The names of all of those involved and their job titles
Your relationship with the involved parties
Witness statements and the witnesses' job titles
The specific incident or incidents
The dates of the incidents
The location or locations where the incidents took place
Any evidence pertinent to the complaint, such as emails, texts, voicemails, etc.
Save a copy of the complaint and submit it to HR. After you are finished with your complaint, make sure you save a copy for your records. This can be useful if the incidents or related incidents occur in the future.
Reach out to the EEOC. The EEOC is the US Equal Employment Opportunity Commission. If you've tried to resolve the issue internally in your company and have been unsuccessful, it is probably time to contact the EEOC.
Before doing so, compile all your documents and evidence, like the complaint(s) you gave to HR and any witness statements supporting your claim.
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