WORK AND JOBS · 4 MIN
Discrimination, harassment, wage theft and injuries
In short
Your rights at work and where to complain: the EEOC for discrimination, the Labor Department for unpaid wages, OSHA for safety.
US law protects workers, including newcomers. You also have to act within deadlines, so learn them now.
Discrimination and harassment
It is illegal for most employers to treat you worse because of race, color, religion, sex (including pregnancy), national origin (including your accent or ethnicity), age 40 or older, disability or genetic information.
Harassment is illegal when it is based on these things and is severe or frequent: jokes about your country, comments on your body, unwanted touching, or a boss who asks for dates.
Retaliation is illegal: punishing you because you complained.
Most of these laws cover employers with 15 or more workers (20 or more for age).
How to complain
1
Write down each event: date, time, what was said, who saw it. Save emails and messages on your own phone.
2
Report it inside the company, in writing, to HR or a manager. Follow the handbook.
3
If it does not stop, file a charge with the EEOC (Equal Employment Opportunity Commission) online at publicportal.eeoc.gov or by phone at 1-800-669-4000. Interpreters are free.
4
Deadline: usually 180 days from the event, or 300 days in states with their own agency.
Citizenship and paperwork discrimination
The Justice Department's IER office handles employers who refuse to hire you because of your citizenship or immigration status when you are allowed to work, or who demand extra documents for the I-9. Hotline: 1-800-255-7688.
Wage theft
Wage theft is when you are not paid what you earned: below minimum wage, no overtime, unpaid last check, stolen tips.
1
Keep your own record of hours and your pay stubs.
2
Ask your employer in writing to fix it.
3
File a complaint with the Labor Department's Wage and Hour Division: 1-866-487-9243. It is free and confidential, and it helps workers regardless of immigration status. Your state labor office is another option.
Injuries at work
1
Get medical care. In an emergency, call 911.
2
Tell your supervisor in writing right away. Some states have short deadlines.
3
Workers' compensation (insurance most employers must carry) usually pays medical bills and part of lost wages. Each state runs its own system.
4
For unsafe conditions, file with OSHA at osha.gov or 1-800-321-6742. If you are punished for reporting safety problems, you usually have only 30 days to file a retaliation complaint.
This differs by state; see In your state below.
Common mistakes
Waiting too long. The deadlines are strict.
Keeping evidence only on a work laptop or work email that you can lose access to.
Believing "you have no rights because of your visa". These laws protect you.
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