Most workplace discrimination goes unreported. Here's what to expect when filing a complaint in Wisconsin.

The Equal Employment Opportunity Commission, a federal agency that investigates workplace discrimination, receives an average of 83,250 complaints per year — including 959 per year in Wisconsin.

As an anti-violence advocate for Milwaukee-based LGBTQ+ organization Diverse and Resilient, Andrew McKee said they've seen an increase in workplace discrimination locally due to today's increasingly polarized political climate.

McKee provides moral support and advice for queer people on how to navigate harassment or discrimination in the workplace by connecting them with the right resources, but they want all marginalized people to feel empowered to report workplace discrimination.

McKee said workers should remember it's an employer's duty to make sure everyone feels safe at work. Human resources departments and complaint processes within companies exist for a reason, they said.

"The moment that you begin to experience workplace-related harassment or harm... it is (the employer's) responsibility to rectify that," McKee said.

If management or human resources isn't receptive, those who have been discriminated against at work can file a discrimination complaint with the EEOC or the Wisconsin Department of Workforce Development's Equal Rights Division.

Here's what to expect.

If you're experiencing workplace harassment, keep track of everything in writing

McKee said those experiencing workplace discrimination or harassment should document everything in writing.

"As soon as you are harassed in the workspace, you shouldn't only go and talk directly to a manager," they said. "You should also email your manager, and you let them know, 'Hey, this is what happened. I brought this up to you in person and would like to follow up via email to document steps moving forward.'"

Often, management's response to allegations is different in an email than behind closed doors, McKee said.

"Recognize the leverage that you have as an employee," McKee said, "and use it wisely."

After thoroughly documenting your experiences, they said, "elevate the issue" by reporting it to higher-ups.

How do you file a workplace discrimination complaint?

In Wisconsin, an individual has 300 days from the date of alleged harm to file a charge against an employer.

People who work for companies with more than 15 employees can file complaints with either the EEOC or the Wisconsin Department of Workforce Development's Equal Rights Division.

The DWD also accepts complaints from workplaces with 15 employees or fewer.

Either way, both agencies "cross-file," said DWD spokesperson Shamane Mills.

"In other words, a discrimination complaint filed with the state is shared with the federal government and vice-versa," Mills said.

Both agencies protect employees from discrimination based on race, color, religion, gender, sexual orientation, age, disability and national origin.

The law forbids discrimination in "every aspect of employment," the EEOC website says, including hiring, promotions, pay and more.

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What to expect after filing a workplace discrimination complaint

After an individual files an EEOC complaint, the commission reaches out to schedule an interview, which is conducted either virtually or over the phone.

If an EEOC complaint is found to be valid, both parties are issued a letter of determination stating that there is reason to believe that discrimination occurred, the EEOC's site explains.

Parties are then invited to resolve the charge through an informal process called "conciliation."

As explained by the Derek Smith Law Group, which specializes in sexual harassment and discrimination cases, the EEOC represents the person who filed the complaint during the conciliation process and tries to help them reach a settlement with the employer. Settlements can be financial or result in changed policies and procedures.

The EEOC resolved 44% of conciliations last year, its 2022 report found.

If a conciliation does not resolve the charge, the EEOC can file a lawsuit in federal court.

Last year, for example, a Waukesha construction firm agreed to pay $140,000 and hire an equal employment opportunity officer to settle an EEOC lawsuit over racist treatment of Black employees.

If the EEOC decides not to file a lawsuit, the person who filed the complaint will receive a notice of their right to sue and may file a lawsuit in federal court within 90 days, according to the EEOC.

If the Wisconsin Department of Workforce Development pursues an individual's complaint, the agency offers free mediation with a judge, which is a more formal process than conciliation, Mills said.

70% of cases filed with the division are resolved through mediation, she said.

Most workplace discrimination goes unreported, research shows

An EEOC task force in 2016 cited studies that suggested that 87% to 94% of individuals who experienced harassment in the workplace did not file a complaint.

McKee said the fear of retaliation from filing a complaint can prevent people from reporting, even though retaliation is illegal under federal law.

"There are so many stories that go undocumented and unrecorded because people recognize, 'Do I choose to fight for my livelihood in this workspace when I can find an alternative one, or do I choose my safety?'" McKee said.

Retaliation-based charges are the most common type of complaint filed with the EEOC, according to data from the agency. The EEOC's 2022 report said the agency resolved 26 lawsuits containing retaliation claims for about $26 million in relief for 762 individuals.

Quinn Clark is a Public Investigator reporter. You can reach Quinn at qclark@gannett.com. Follow her on X at @Quinn_A_Clark.

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