Discrimination2 min read

How to File a Workplace Discrimination Claim Step by Step

Published 19 May 2025

In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Step-by-step guide to filing a workplace discrimination claim with the EEOC. Learn deadlines, required evidence, and how an employment lawyer can help.

Key takeaways

You must file with the EEOC before you can sue your employer for discrimination
The filing deadline is typically 180 days, or 300 days if your state has a fair employment agency
Strong documentation significantly improves your chances of a successful outcome
An employment lawyer can file on your behalf and handle the entire process

Step 1: Document the Discrimination

Before filing any formal complaint, start building your evidence. Keep a detailed log of discriminatory incidents, including dates, times, locations, what was said or done, and who witnessed it. Save emails, text messages, and any written communications that support your claims. Preserve copies of performance reviews, especially if they contradict the reasons your employer gives for adverse actions against you.

Step 2: File a Charge with the EEOC

In most cases, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. You can file online through the EEOC Public Portal, by mail, or in person at your nearest EEOC office. The charge must be filed within 180 days of the discriminatory act, though this extends to 300 days if your state has its own anti-discrimination agency.

Your charge should describe the discrimination you experienced, identify the protected characteristic involved, and explain the harm you suffered. The EEOC will then notify your employer and begin an investigation.

Step 3: The EEOC Investigation Process

After your charge is filed, the EEOC may investigate by requesting documents from your employer, interviewing witnesses, and reviewing your evidence. The investigation can take several months to over a year. During this time, the EEOC may offer mediation as a way to resolve the dispute without a full investigation. If the EEOC finds reasonable cause to believe discrimination occurred, they will attempt to reach a settlement. If not, they will issue a Right to Sue letter, allowing you to file a federal lawsuit.

Why You Need an Employment Lawyer

While you can file an EEOC charge on your own, having an experienced employment lawyer significantly increases your chances of success. A lawyer can help you craft a strong charge, gather evidence, respond to your employer's defenses, and negotiate a fair settlement. Many employment lawyers work on contingency, so you pay nothing unless you win.

Frequently Asked Questions

What happens if I miss the EEOC filing deadline?

If you miss the 180 or 300 day deadline, you may lose your right to pursue a federal discrimination claim. However, some states have longer deadlines, and certain circumstances may warrant an extension. An employment lawyer can help determine if any exceptions apply to your case.

Can I file a discrimination claim while still employed?

Yes, you can and should file while still employed if you are experiencing ongoing discrimination. It is illegal for your employer to retaliate against you for filing an EEOC charge, and filing while employed helps establish the timeline of events.

What types of discrimination are covered by the EEOC?

The EEOC handles claims of discrimination based on race, color, national origin, sex (including pregnancy and gender identity), religion, age (40+), disability, and genetic information. It also covers harassment and retaliation.