How to File an Employment Discrimination Charge With the EEOC

A formal charge asks EEOC to act on alleged workplace discrimination

A Charge of Discrimination is a signed statement asserting that an employer, employment agency, union or labor organization engaged in unlawful employment discrimination and asking the U.S. Equal Employment Opportunity Commission to take remedial action.

For most laws enforced by EEOC, filing a charge is a required administrative step before bringing a federal employment discrimination lawsuit.

The major exception is the Equal Pay Act, which does not require an EEOC charge before a private lawsuit, although the same pay issue may also support a Title VII discrimination charge with separate filing deadlines.

EEOC enforces federal protections against discrimination and retaliation

EEOC enforces federal laws prohibiting employment discrimination because of:

• race;
• color;
• religion;
• sex, including pregnancy, childbirth or related conditions, transgender status and sexual orientation;
• national origin;
• age 40 or older;
• disability; and
• genetic information, including family medical history.

Federal protections can apply to hiring, firing, promotions, harassment, training, wages, benefits, reasonable accommodations and other terms or conditions of employment.

Federal law also protects workers who exercise EEO rights

EEOC also enforces federal protections against retaliation.

Examples of protected activity include complaining about suspected discrimination, filing a charge, participating in an EEOC investigation or proceeding, and requesting certain legally protected workplace accommodations.

If an employer takes a materially adverse action because you exercised protected EEO rights, the retaliation allegation can itself form the basis of an EEOC charge.

Most charges must be filed within 180 calendar days

The standard federal deadline is 180 calendar days from the alleged discriminatory act.

The deadline can be extended to 300 calendar days when a state or local agency enforces a state or local law prohibiting employment discrimination on the same basis.

The extension for age discrimination is narrower: EEOC states that the deadline extends to 300 days only when a state law prohibits age discrimination and a state agency or authority enforces that law. A local age-discrimination law alone does not extend the federal deadline.

Because determining whether the 300-day rule applies can be complicated, EEOC advises people to contact the agency promptly rather than assume the longer period is available.

Do not let an HR or union process make you miss the federal deadline

Using an employer's internal grievance, HR or union procedure does not by itself replace the requirement to file a timely EEOC charge.

Track the federal filing period independently while any internal process is underway.

Use the EEOC Public Portal for inquiry and intake

The EEOC Public Portal is the main online starting point for workers and job applicants.

Through the portal, you can:

• submit an online inquiry;
• schedule an intake interview;
• communicate with EEOC about your matter; and
• complete a formal charge through the process after intake when appropriate.

EEOC describes the interview as an opportunity to discuss the facts, applicable law and options with staff. The decision whether to file a formal charge remains yours.

Do not stop after submitting the preliminary questionnaire

Submitting an online inquiry is not the same as filing a Charge of Discrimination.

A charge must satisfy the legal filing requirements, including being a signed statement asserting discrimination and requesting EEOC action.

This distinction is critical when a filing deadline is approaching.

Use EEOC's urgent filing instructions rather than waiting for a routine appointment

If you have 60 days or fewer remaining to file a timely charge, the Public Portal provides special directions for supplying the necessary information and filing quickly.

EEOC also instructs people whose deadline is fast approaching to call 1-800-669-4000 and ask for an immediate interview or visit an EEOC office.

Do not wait for the next convenient appointment if doing so could cause the statutory period to expire.

You may visit one of EEOC's field offices

You can visit an EEOC field office to discuss alleged discrimination and begin or complete the charge process.

EEOC states that its offices generally operate from 8:00 a.m. to 4:30 p.m. Monday through Friday, subject to office-specific operating status.

People with scheduled appointments are seen at their appointment time. Walk-ins are generally handled on a first-come, first-served basis, with imminent filing deadlines receiving priority.

A signed letter can serve as a charge when it contains the required information

You can also file by sending EEOC a signed letter.

EEOC instructs the letter to include:

• your name, address, email and telephone number;
• the employer, employment agency or union's name, address, email and telephone number;
• the approximate number of employees or union members, if known;
• a short description of the discriminatory action;
• the date or dates when it occurred;
• why you believe the action was discriminatory; and
• your signature.

EEOC specifically warns that if the mailed letter is not signed, it cannot investigate it as a charge.

The telephone line can start the process but does not itself file the formal charge

You can call EEOC at 1-800-669-4000 to discuss your situation and start the process.

The representative can ask preliminary questions, explain whether EEOC laws may apply and tell you how to file.

EEOC states that it does not take formal charges merely over the telephone.

TTY service is available at 1-800-669-6820 and ASL Video Phone service at 1-844-234-5122. EEOC also provides free language assistance.

Prepare the facts before your intake interview

You do not need to prepare a courtroom-style case before contacting EEOC, but clear facts make intake easier.

Useful information includes:

• your employer and work location;
• job title and employment dates;
• the names or positions of people involved;
• each discriminatory act and its date;
• the protected basis you believe was involved;
• what explanation the employer gave, if any;
• people who witnessed relevant events;
• emails, messages, evaluations, disciplinary records or other relevant documents; and
• information showing how similarly situated workers were treated, when relevant.

Preserve original records and do not alter evidence.

Workers applicants and representatives can initiate charges

An individual who believes their employment rights were violated can file a charge.

EEOC also allows an individual, organization or agency to file a charge on behalf of another person in appropriate circumstances, including situations where protecting the aggrieved person's identity is important.

Workers do not need to be U.S. citizens to receive protection under the federal employment discrimination laws when those laws otherwise apply.

Employer size depends on the federal law involved

For private employers, most federal employment discrimination laws enforced by EEOC apply when an employer has at least 15 employees for the required period.

For age discrimination under the Age Discrimination in Employment Act, private-employer coverage generally begins at 20 employees.

The Equal Pay Act covers virtually all employers.

Employee counting and coverage can be legally complex, including when companies have related operations. EEOC advises people who are unsure about coverage to contact the agency promptly instead of deciding not to file on their own.

Fair Employment Practices Agencies can dual-file claims with EEOC

Many states and local governments operate Fair Employment Practices Agencies, or FEPAs, that enforce their own anti-discrimination laws.

When federal and state or local laws both apply, work-sharing arrangements can allow a charge filed with one agency to be dual-filed with the other.

This system is intended to protect rights under both federal and state or local law without requiring duplicate investigations.

State or local law may also protect workers whose employers are too small to be covered by a particular federal statute.

Federal workers use a separate process with a 45-day first deadline

Federal employees and applicants for federal employment do not use the ordinary EEOC charge procedure described above.

The first step is generally to contact an EEO Counselor at the federal agency where you work or applied for employment.

You generally must initiate EEO Counselor contact within 45 days of the discriminatory event. If the dispute involves a personnel action such as termination or demotion, the 45 days generally runs from when the action takes effect.

The regulations allow extensions in specified circumstances, including when the person was not informed of and did not otherwise know the deadline, did not reasonably know the discrimination occurred, or was prevented by circumstances beyond their control despite due diligence.

The next deadline can be only 15 days

If federal-sector counseling or alternative dispute resolution does not resolve the matter, the EEO Counselor provides a notice explaining how to file a formal complaint against the agency.

The employee or applicant generally has 15 days after receiving that notice to file the formal discrimination complaint with the agency.

If the complaint is accepted for investigation, the agency generally has 180 days from filing to complete its investigation, subject to the federal-sector rules.

The employer is notified and EEOC decides how to process the case

Once a formal charge is filed, EEOC is required to notify the employer.

EEOC states that the employer receives notice of the charge within 10 days of the filing date.

The employer may be asked to provide a response, records and other information relevant to the allegations.

Your identity is therefore not anonymous to the employer when you personally file a charge. Charge information is confidential from the general public during EEOC processing.

Mediation is free voluntary and confidential

Some charges are offered for EEOC mediation before a full investigation.

Mediation is:

• free;
• voluntary for both sides;
• confidential; and
• designed to seek a mutually acceptable resolution.

EEOC states that mediation is often completed in less than 3 months. If mediation succeeds, no investigation is necessary. If it fails or either party declines, the charge can proceed through the normal investigation process.

EEOC reports an average investigation time of about 10 months

There is no fixed completion deadline for an ordinary private-sector EEOC investigation.

EEOC states that investigations take approximately 10 months on average, but actual timing depends on factors such as the amount of information that must be collected and analyzed.

A straightforward matter can finish sooner, while a complex investigation can take longer.

EEOC gathers evidence from the charging party employer and witnesses

During an investigation, EEOC can request information from both parties and relevant witnesses.

If an employer refuses to cooperate with an investigation, EEOC has administrative subpoena authority to seek documents, testimony or access to facilities where legally appropriate.

Keep your contact information current and respond promptly when the investigator requests information.

Contact EEOC quickly about amendments or a new charge

If another discriminatory or retaliatory event occurs after your original charge, notify the investigator promptly.

EEOC may amend the existing charge or determine that a new charge should be filed.

The original charge does not automatically extend the filing deadline for a later event. The normal timeliness rules continue to apply to new allegations.

The agency may dismiss the charge or seek resolution

If EEOC cannot determine that federal law may have been violated, it closes the charge and generally issues a Notice of Right to Sue.

If EEOC determines that discrimination may have occurred, it attempts to reach a voluntary resolution with the employer through conciliation.

If conciliation fails, EEOC's legal staff, or the U.S. Department of Justice in certain cases, decides whether the government should bring a lawsuit.

If the government does not sue, the charging party generally receives a Notice of Right to Sue.

Most affected lawsuits must be filed within 90 days

For claims requiring a Notice of Right to Sue, the person generally has 90 days after receiving the notice to file a lawsuit.

Title VII and ADA claimants generally must obtain this notice before bringing the federal discrimination lawsuit.

EEOC states that a charging party ordinarily must allow the agency 180 days to process a Title VII or ADA charge before requesting a Notice of Right to Sue, although EEOC may issue one earlier in some circumstances.

ADEA and Equal Pay Act claims follow different pre-suit rules

An Age Discrimination in Employment Act claimant does not need a Notice of Right to Sue before filing suit and may generally sue 60 days after filing the EEOC charge, subject to the applicable limitation rules.

An Equal Pay Act claimant generally does not have to file an EEOC charge before suing. EEOC states that the ordinary Equal Pay Act court deadline is 2 years from the discriminatory pay violation, extended to 3 years for a willful violation.

An employer cannot lawfully punish you for participating in the EEOC process

Federal employment discrimination laws prohibit retaliation for filing a charge, participating in an EEOC investigation or proceeding, or otherwise engaging in protected EEO activity.

If retaliation occurs after you file, contact your EEOC investigator immediately so the agency can determine whether the existing charge should be amended or a new charge is necessary.

Not every workplace dispute is an EEOC discrimination case

An unfair workplace action is not necessarily unlawful discrimination under a statute enforced by EEOC.

For example, a claim that an employer simply failed to pay federal minimum wage or overtime, without an employment discrimination basis, is generally handled under federal wage-and-hour law rather than through an EEOC discrimination charge. For that issue, see how to file a federal wage complaint for unpaid minimum wage or overtime.

A pay dispute can involve both systems when the facts support both a wage-and-hour violation and unlawful discrimination.

Protect your filing date and make sure a formal charge is completed

• Waiting for HR to finish investigating: internal processes do not guarantee protection of the EEOC filing deadline.
• Assuming you always have 300 days: the extension depends on state or local law and agency coverage, and age claims use a narrower rule.
• Submitting only an online inquiry: an inquiry is not automatically a formal Charge of Discrimination.
• Mailing an unsigned letter: EEOC says it cannot investigate an unsigned mailed charge.
• Waiting for perfect evidence: contact EEOC before the deadline even if you are still gathering records.
• Ignoring later retaliation: new events can have their own filing deadlines.
• Using the private-sector process for a federal job: federal employees and applicants generally must begin with an agency EEO Counselor within 45 days.
• Missing the lawsuit deadline after a Right-to-Sue notice: the ordinary deadline is 90 days after receipt.

Contact EEOC promptly instead of waiting to determine every legal issue yourself

If you believe workplace discrimination or retaliation occurred, write down the facts and dates and contact EEOC promptly.

The ordinary charge deadline can be only 180 calendar days, and whether a 300-day extension applies can depend on the state, locality and type of discrimination.

Starting with the EEOC Public Portal is convenient, but make sure you complete the formal charge process rather than stopping after the initial inquiry.