1) File with your state or local civil rights agency. Many states have fair employment practice agencies that can be more employee friendly, with broader protections or longer filing windows. Examples include the California Civil Rights Department, the New York State Division of Human Rights, the New Jersey Division on Civil Rights, the Massachusetts Commission Against Discrimination, the Illinois Department of Human Rights, the Washington State Human Rights Commission, and the DC Office of Human Rights. Many city agencies, such as the New York City Commission on Human Rights, also accept complaints. Most have worksharing agreements with the EEOC, which means a complaint can be dual filed. Choosing the right forum can affect remedies and timelines.

2) Consider a private right of action under state law. Several states allow you to proceed directly in court or after a short agency intake. In a year when the EEOC’s own filings are at historic lows, private lawsuits can be a faster path to relief. Speak with an employment attorney in your state to compare options.

3) Use negotiated exits to protect your future. If you are pushed out or targeted for a layoff, a negotiated separation can do real work for you. Push for neutral references, non disparagement clauses that are mutual, cooperation language for future job searches, tailored non compete or non solicitation terms, and a release that does not chill your right to file a charge with an agency. Severance is leverage if you prepare early. The Onyx Truth specializes in helping Black professionals package evidence, quantify risk, and negotiate equitable severance.

See our free guide to Unmasking Severance. 

4) Engage your union or organize with colleagues. If you are unionized, use the grievance process. If you are not, protected concerted activity may still cover you when you raise workplace concerns together. This can create pressure on employers independent of federal litigation.

5) Mediation, ombuds, and internal escalation. Parallel to any legal path, use documented internal channels. Request mediation. Ask for a transfer away from harmful supervisors. Frame requests around policy compliance and business risk. These steps can improve conditions or strengthen your record if you later pursue claims.

6) Document like your outcome depends on it. It often does.Keep a contemporaneous log, dates, names, and specific comments or decisions. Save performance reviews, emails, screenshots of messaging tools, calendar entries, and job postings that show comparative treatment. A clean timeline is often the difference between a settled case and a stalled one.

7) Build a support team early. Combine culturally competent coaching with legal guidance. Seek referrals to plaintiff side attorneys who routinely litigate race discrimination under both federal and state law. Community organizations and bar associations can help with vetted referrals.

Bottom Line

The federal enforcement spotlight is dimmer on race cases right now, and the numbers prove it. That does not diminish your right to a discrimination free workplace. It means you should treat the EEOC as one tool, not the only tool. Prioritize state and local avenues, accelerate documentation, and negotiate from a position of clarity and strength. With a quorum restored, the agency may recalibrate, but workers cannot wait on policy shifts to protect their livelihoods. (HR Dive)

How The Onyx Truth can help. You don’t have to navigate this alone. We help Black professionals navigate layoffs, retaliation, and hostile environments with a plan. We can coach you through severance negotiations that honor your contributions and protect your future. If you need a confidential strategy session, schedule one with us here.