Discrimination and consumer problems: where to file a complaint

Step 1 — Write down what happened and keep proof

Do this first, while details are fresh. HUD, for example, asks for your name and address, who you are complaining about, the housing address, a short description and the dates (HUD — Report Housing Discrimination). Later, an investigator may ask for a timeline, the places, who was present, possible witnesses and documents (HUD — Process).

Checklist:

• dates, places, and the names and roles of the people involved;
• what was said or done, in your own words, and why you think it was unfair;
• people who saw what happened, and anyone treated better than you — the EEOC may ask about the latter (EEOC — Confidentiality);
• copies of ads, texts, emails, letters and pay stubs. For business problems, USA.gov suggests receipts, warranties, contracts, work orders and records of every contact with the seller (USAGov).

Keep your originals safe and send copies.

Step 2 — Match your problem to the right office

• Unfair treatment at work because of race, color, religion, sex, national origin, age, disability or genetic information: the EEOC, see Step 3 (EEOC — Filing a charge).
• Treated differently at work because of citizenship or immigration status, or asked for more or different Form I-9 documents: the Justice Department’s IER, see Step 4 (DOJ — IER FAQs).
• Housing discrimination: HUD or the Justice Department, see Step 5 (HUD; DOJ).
• Banks, credit, loans, money transfers, debt collectors: the CFPB, see Step 6 (CFPB).
• Scams, or a business that won’t fix a problem: the FTC and your state consumer protection office, see Step 7 (FTC; USAGov).
• Unpaid wages: IER says to file with the Labor Department’s Wage and Hour Division (DOJ — Filing an IER Charge); see finding a job.
• Repairs, deposits or other landlord problems: see tenant rights.

Some problems fit two offices: the EEOC says some national origin cases can go to it and to the Justice Department (EEOC — National origin).

Step 3 — Job discrimination: the EEOC

The Equal Employment Opportunity Commission (EEOC) takes charges of job discrimination because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC — Filing a charge). It generally covers employers with 15 or more employees, or 20 for age claims (USCIS). A “charge” is a signed statement that an employer discriminated; under most of these laws, you must file one before you can sue (EEOC — How to file).

Deadline. In general, 180 calendar days from the day the discrimination took place, extended to 300 calendar days if a state or local agency enforces a law against the same kind of discrimination; age claims follow slightly different rules. Weekends and holidays count, and each event usually has its own deadline, except ongoing harassment (EEOC — Time limits).

How to file (EEOC — How to file):

• online, in the EEOC Public Portal: an inquiry, then an interview by phone, video or in person;
• by phone, 1-800-669-4000, to get started — charges aren’t taken by phone; if your deadline is near, ask for an immediate interview;
• in person at one of 53 offices, 8:00 a.m. to 4:30 p.m., Monday to Friday;
• by mail, with a letter that you sign — an unsigned letter can’t be investigated.

A charge filed with a state or local agency can be “dual-filed” with the EEOC (EEOC — Filing a charge). What you tell the EEOC stays confidential until you file a charge; then the employer learns your name and the basic claims (EEOC — Confidentiality).

After you file: the employer is notified within 10 days. Mediation usually takes under 3 months, an investigation about 10 months on average. If the EEOC can’t determine that the law was violated, it sends you a “Notice of Right to Sue” (EEOC — After you file).

Step 4 — Citizenship, status or I-9 problems: IER

The Justice Department’s Immigrant and Employee Rights Section (IER) enforces a law that protects work-authorized people from (DOJ — IER FAQs):

• citizenship or immigration status discrimination in hiring, firing, or recruitment or referral for a fee, by employers with 4 or more workers — protected are U.S. citizens and nationals, recent permanent residents, refugees and asylees, but not every noncitizen;
• national origin discrimination by employers with 4 to 14 workers;
• unfair document practices during Form I-9 and E-Verify, such as asking for more or different documents than required because of citizenship, status or national origin;
• intimidation and retaliation.

Deadline: 180 days from the discrimination or retaliation (DOJ — Filing an IER Charge).

How: call the worker hotline, 1-800-255-7688, Monday to Friday, 9 a.m. to 5 p.m. Eastern. You can stay anonymous, interpreters are available, and the hotline can help resolve disputes informally and quickly (DOJ — IER Hotline). To file a charge, use the online form, or email, mail or fax the PDF form, available in 11 languages (DOJ — Filing an IER Charge).

Step 5 — Housing discrimination: HUD

The Fair Housing Act bans discrimination because of race, color, national origin, religion, sex, disability or familial status, by owners, managers, real estate agents, lenders, insurers and others (HUD — Report Housing Discrimination). See also renting your first apartment.

Deadline: with HUD, within one year of the last date of the alleged discrimination (HUD — Process).

How: online, by phone at 1-800-669-9777, or by mailing HUD’s form to your regional office (HUD — Report Housing Discrimination). HUD tries to help both sides reach a voluntary agreement and may refer a case to a state or local agency. If you could lose your home because of discrimination, tell your investigator quickly. You may also file your own lawsuit in federal or state court (DOJ — Fair Housing Act), generally within two years (HUD — Process). HUD now prioritizes “actual, provable instances of discrimination” (HUD — Fair Housing Act), so your Step 1 notes matter.

You can also report housing and other civil rights violations to the Justice Department at civilrights.justice.gov or 1-855-856-1247 (toll-free); a reply can take several weeks (DOJ — Civil Rights Division).

Step 6 — Banks, credit and debt collectors: the CFPB

The Consumer Financial Protection Bureau (CFPB) takes complaints about bank accounts, credit cards, credit reports, debt collection, money transfers and virtual currency, mortgages, payday and personal loans, prepaid cards, student loans, and vehicle loans or leases (CFPB).

Before you file (CFPB):

• try the company first;
• for a wrong credit report, the law requires you to dispute it with the credit reporting company first;
• put everything in one complaint, with key dates, amounts and documents (up to 50 pages) — you generally can’t submit a second one about the same problem.

File online or call (855) 411-2372, 9 a.m. to 6 p.m. Eastern, Monday to Friday (CFPB). The company generally responds in 15 days, sometimes with a final answer within 60 days, and you then have 60 days to give feedback (CFPB — Process). See also build credit from scratch and sending money abroad.

Step 7 — Scams and other business problems

Scams and fraud: report at ReportFraud.ftc.gov. Reports go into a secure database available to law enforcement, and FTC staff review them to spot patterns and build cases (FTC). After you report, you get steps to protect yourself or try to get your money back (FTC — Reporting fraud 101). If you already paid a scammer, start with scams that target newcomers.

A business that won’t fix a problem: contact the company, then its management; if that fails, your local consumer protection office (USAGov). For items bought online from a seller outside the U.S., USA.gov points to econsumer.gov (USAGov). USA.gov’s list has every state office; they help with complaints against businesses and investigate scams and fraud (USAGov — State offices).

Step 8 — If you’re punished for complaining

Retaliation is illegal too:

• At work: the EEOC says employers may not punish applicants or employees for filing a charge, being a witness or complaining about discrimination. Depending on the facts, retaliation can include threatening to report someone’s immigration status or to call the police (EEOC — Retaliation). If it happens after you file, contact your investigator promptly (EEOC — Confidentiality). The law IER enforces also bars intimidation, threats and retaliation by employers of any size (DOJ — IER FAQs).
• In housing: HUD says retaliating against anyone who files, testifies or helps in a HUD case — even after the investigation — or who reported discrimination to a housing provider or another authority is illegal (HUD — Report Housing Discrimination).