If you are still working for an employer that you want to report and you’re afraid of retaliation, or if there’s some other reason why you want to remain anonymous, it is possible, but difficult, to stay anonymous when you file a complaint with the EEOC. Here’s what you need to know about filing an anonymous EEOC complaint.
Anonymous EEOC Claims
In order to file a claim with the EEOC you will have to disclose certain information to the EEOC and put that information in the complaint. Specifically, you will have to give the EEOC this information:
- Your name, address, telephone number, date of birth
- Social Security Number (optional)
- Name, address and telephone number of the employer
- Employer's approximate number of employees
- Date(s) of harm
- Employer's explanation for its actions (if available)
- Why the individual believes that the action taken against him/her was discriminatory
- Names of individuals who were treated more favorably (if applicable)
You will have to sign your name to the complaint in order for the EEOC to start an investigation. After that investigation begins, the EEOC must tell the employer who has filed the complaint against them.
But, in some cases, you may be able to remain anonymous. Even though you cannot file a claim anonymously for yourself, someone else can file a claim on your behalf without naming you. Additionally, a parent can file a complaint on behalf of a minor child.
For example, if you were harassed at work and you don’t want to file a complaint in your name a coworker who witnessed the harassment could file a complaint for you. That way the employer would be given their name, not yours.
What Information Is Shared When Filing A Claim
Your employer has a legal right to know who is accusing them, and there is some information that legally must be shared with an employer once you have filed a complaint against them and the EEOC is investigating. The EEOC must share this information with the employer:
- Your name
- Details about the behavior in the complaint.
Your employer won’t be given any information like your phone number, address, or other sensitive information. Your personal information except for your name will be kept confidential from the public as well. During the investigation, some other information may be shared with the employer if the EEOC is legally obligated to share that information.
What Happens If Your Employer Retaliates?
It is illegal for your employer to fire you, demote you, penalize you with scheduling or in any way retaliate against your or tell other employees to retaliate against you for filing a claim. But it does sometimes happen.
If you are a victim of retaliation by an employer because you filed an EEOC complaint you may have grounds for a second complaint and a second lawsuit.
Contact an Employment Attorney
Getting advice from an employment attorney before you file an EEOC complaint is the best way to get advice on your particular situation. An employment attorney can listen to the details of your case and answer your questions so that you know how the process works and what to expect after you file your complaint.
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