Step 1
Determine which law your employer violated. Because the basis for abusive workplace practices can be occupational safety complaints, wage and hour violations, or equal employment laws, determining which law was violated and which agency to file the complaint is important. Hostile work environments are the basis for many abusive workplace violations. Under the federal equal employment opportunity regulations, employers are responsible for their hostile actions, and they are vicariously liable for their employees' abusive practices. Under federal anti-discrimination laws governing employers, you have a right to work in an environment without discrimination or hostility based on race, national origin, religion, gender, disability, age and genetic information.
Step 2
Notify your employer of the abusive practices. The Equal Employment Opportunity Commission does not investigate complaints against abusive employers if an employee failed to report the abusive practices or hostile work environment. According to the federal anti-discrimination laws, your employer is not liable for abusive workplace practices unless you first report them. If your employer is abusive, you may be able to file a complaint directly with the commission, because abuse does not fall under the vicarious liability exception.
Step 3
Contact the U.S. Equal Employment Opportunity Commission if your employer violated your rights to a hostile-free work environment. Additionally, if your employers failed to implement specific policies in an effort to end other employees' abusive treatment, you may contact the commission directly. As of publication, the commission has 53 field offices; a local field office is responsible for further investigating your complaint. Alternatively, you can file a complaint by sending a written letter to the national headquarters. Your letter must include your employer's contact information, the date the abuse occurred, the basis of your claim and a summary of why you believe you were abused. You must sign your letter. You must also include the total number of employees who work for your employer, as the federal laws typically cover employers with at least 15 employees.
Step 4
Receive a determination letter from the Equal Employment Opportunity Commission. If the commission believes that your claim is meritorious, it will transfer your case to the Department of Justice or transfer your case to staff attorneys within its legal department. If it believes your claim is not a case that is meritorious or a claim it can pursue, the commission will send you a written determination. After you receive the determination, you can sue your employer in federal court.
http://smallbusiness.chron.com/file-complaint-against-abusive-employer-16130.html
