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In Wisconsin, current and prospective employees who face discrimination at work or a job interview can file a complaint under state or federal law. To file a claim under federal law, a charge must first be filed with the Equal Employment Opportunity Commission, and the EEOC must be given time to either investigate the complaint or decline to pursue it. Three individuals recently filed a charge with the EEOC against Facebook, meaning that a federal lawsuit could be in the works if the EEOC issues a notice of right to sue.

Basis of the EEOC charge

Two prospective employees and one employee of Facebook claim that the company discriminated against them based on their race. The current employee says that he has never been promoted despite working for Facebook since 2017, and he has never received a higher than an average performance review even though his performance has been above average. He also says he has heard the “N-word” used at work and that his efforts to improve diversity initiatives have been criticized or rejected.

The two prospective employees say they were turned down for jobs with Facebook because of their race. Both people say they were told by recruiters that they were well-qualified for the position, and one person says that other people who held the same position were either less qualified than he was or similarly qualified. The other applicant says she tried applying for a position with Facebook in 2012, 2018 and 2020 to no avail. She also says she has worked for nearly a decade in HR, including at tech firms, and she says she meets all minimum and preferred requirements for the position.

Facebook’s practices

The EEOC complainants claim Facebook’s policies and practices adversely impact black employees and applicants. Though Facebook employed more black workers in 2019 than it did five years earlier, the percentage remains low at 3.8%.

Assessing what constitutes discrimination

Discrimination can be found at the workplace in various forms, including a failure to pay the same wages for equal work. An employment law attorney may be of help if you were discriminated against by an employer or a prospective employer.