How to Write a Complaint

In writing a discrimination complaint, you must identify issues and bases clearly.  Issues are the 'acts of harm' you suffered as result of the decision makers discriminatory or retaliatory intent or animus. Bases are the basis up which the act of harm occurred.  For example, the claim that "I was terminated based on my sex, Male" states the essence of a discrimination complaint in which the issue and the basis upon which the issue occurred are identified.  If one or the other is missing, you have not claim any discrimination.  So, for example, the statement "I was discriminated against on March 1, 2011" is not a valid claim because it lacks a basis.  You must identify a basis or bases.  Similarly, the statement "I was harassed from March 1, 2011 to April 1, 2011" is not a valid discrimination complaint, as it lacks the basis upon which the harassment occurred.  You must add to the statement: "... based on my sex" to make it a valid discrimination complaint.

Of course, all complaints must be signed and dated.  If a complaint is stated and signed under "declaration," it is even better and carries more legal weight.  See samples of Declaration under EEO Forms or download one below.

Issues and Bases:

➤ Issues are: termination, suspension, warning, denied accommodation, denied sick leave, denied annual leave, denied promotion, denied bonus, denied hire, harassment, and denied terms and conditions of employment (such as FMLA, OWCP benefits, health insurance, lunch break, etc.).  (See terms and conditions of employment.)  "Discrimination" or "retaliation" can never be the "issue," despite the perfect normal sense of the word. You cannot be discriminated or retaliated against without the act of harm you suffered.

➤ Bases are the protected classes identified in the anti-discrimination laws such as African-American, Caucasian, Black, White, Color (dark brown, light brown, etc.), Age 40 or older, Sex (male or female), National Origin (Korea, Russia, Kenya, etc.), Ancestry (Korean, Russian, African, etc.), Disability (back injury, asthma, PTSD, depression, etc.), Religion (Islam, Christianity, Buddhism, etc.), sexual orientation, and Retaliation (prior EEO activities including any protest or complaint regarding discrimination to your supervisor or providing witness statement, etc.).

Since the complaint must be reported within 45 days of occurrence (for federal employment discrimination), it is very important that each allegation must be dated.

It is best to write your complaint in an affidavit form (with 'verification' or 'declaration' at the end) for clarification and evidentiary weight.

Samples of discrimination complaints written for U.S. District Courts are available for purchase at STORE.

Disclaimer

• Mr. Lee is not an attorney but can represent clients in federal administrative processes, including EEOC hearings and MSPB hearings.

• Mr. Lee does not practice law and cannot provide attorney-client protection privileges.  However, as any union shop steward can, Mr. Lee can represent federal employees at any administrative proceeding including those referenced above.

• Mr. Lee cannot and does not represent clients at court proceedings.