Article

What Happens During an EEOC Investigation: Requests, Interviews, and Site Visits

Learn how the EEOC investigates a charge: information requests, witness interviews, on-site visits, subpoenas, record preservation, and typical timing.

8 min read

When the EEOC Investigation Begins

After a charge is filed against a private employer, the EEOC says it sends the employer a notice of the charge within 10 days. Some charges are first offered mediation. If the charge is not mediated, or mediation does not resolve it, the EEOC usually asks the employer for a written answer called a position statement, and you can review it and respond. The EEOC also says it will close a charge early if the laws it enforces do not apply, the charge is untimely, or the agency decides it probably will not be able to determine whether the law was violated. This article describes charges under Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act. Federal employees follow a different complaint process, and age and Equal Pay Act charges have some separate rules.

How the EEOC Gathers Evidence

The EEOC says how it investigates depends on the facts of the charge and the kinds of information it needs. Its guidance for employers says the employer may be asked to submit a position statement, respond to a Request for Information, permit an on-site visit, and provide contact information for, or make available, employees for witness interviews. A Request for Information may ask for personnel policies, the charging party's personnel file, the personnel files of other individuals, and other relevant information. In some instances the EEOC visits the employer to hold interviews and gather documents; in others it interviews witnesses and requests documents without a visit. Under 29 CFR 1601.15, the EEOC also accepts any statement of position or evidence that you or the employer wishes to submit, and it may use information gathered by state or local fair employment practice agencies.

What the Investigator May Ask You For

Under 29 CFR 1601.15(b), the EEOC may require the person claiming discrimination to provide a statement listing each specific harm suffered and the date it occurred, the act, policy, or practice alleged to be unlawful for each harm, and the facts that lead the person to believe it was discriminatory. Preparing that information in advance can make your answers clearer. Keep a dated timeline, copies of relevant messages and documents you lawfully have, pay records, and a list of people who saw or know about what happened, with the facts each person may know. Separate what you personally saw from what you heard from others. If you do not know an answer, say so rather than guessing.

Fact-Finding Conferences

The regulation also allows the EEOC to require a fact-finding conference with the parties before it decides a charge. Under 29 CFR 1601.15(c), the conference is primarily an investigative forum meant to define the issues, identify which facts are undisputed, resolve the issues that can be resolved, and find out whether there is a basis for a negotiated settlement. It is not a trial, and the regulation says the EEOC's investigative authority is not limited to the procedures it lists. If you are asked to attend, ask the investigator what format to expect and which documents to bring.

Witness Interviews

The EEOC's employer guidance says a representative of the employer usually may be present when the investigator interviews management personnel, but the investigator is allowed to interview non-management employees without the employer's presence or permission. Give the investigator accurate contact information for witnesses you identify and a short note on what each person may know. Do not tell a witness what to say. The EEOC says it is unlawful to retaliate against applicants or employees for filing or being a witness in an EEO charge, complaint, investigation, or lawsuit, so coworkers who give information to the EEOC are also protected.

Subpoenas and Employers That Do Not Cooperate

Title VII gives the EEOC access, at all reasonable times, to evidence relevant to the charge under investigation, along with the right to copy it. The EEOC says that if an employer refuses to cooperate, it can issue an administrative subpoena to obtain documents or testimony or to gain access to facilities. Under 29 CFR 1601.16, a subpoena can require witness attendance and testimony, the production of records, and access to evidence for examination and copying. The same regulation says neither the charging party nor the employer has a right to demand that a subpoena be issued, and a person who does not intend to comply must petition to revoke or modify it within five business days after service. If you believe the employer is withholding important records, tell the investigator what exists and where it is likely kept.

Employers Must Preserve Relevant Records

Under 29 CFR 1602.14, once a charge is filed under Title VII, the ADA, or GINA, the employer must preserve all personnel records relevant to the charge until final disposition. The regulation says that includes records relating to the charging party and to other employees holding positions similar to the one held or sought, and, in a hiring case, applications from the other candidates for the same position. Final disposition generally means the end of the period to file a lawsuit or, if a lawsuit is filed, the end of that litigation. If you believe relevant records are being destroyed, tell the investigator promptly and in writing. Keep your own copies of relevant material you lawfully possess, and do not take confidential employer records you are not authorized to access.

Confidentiality During the Investigation

The EEOC says it must notify the employer of the charge and may share certain information with the charging party and the employer during the investigation, but by law it keeps charge information confidential from the public. Under 29 CFR 1601.22, neither the charge nor information obtained in the investigation may be made public by the EEOC before a lawsuit or other proceeding is started. The regulation allows earlier disclosures to the parties, their attorneys, or witnesses when necessary for securing appropriate relief, and to other government agencies when appropriate. That rule limits the agency. It does not make a workplace investigation anonymous, and the employer will generally learn who filed the charge.

How Long an EEOC Investigation Takes

The EEOC says the length of an investigation depends on many factors, including how much information must be gathered and analyzed. Its charging-party guidance states that the agency takes approximately 10 months on average to investigate a charge, and its employer guidance reports that the average time to investigate and resolve a charge was about 11 months in 2023. Mediation is often faster, usually under three months. The EEOC notes that delays in responding to information requests extend the investigation. You can check your charge status through the EEOC Public Portal. For Title VII and ADA charges, the EEOC says you generally must allow it 180 days to resolve your charge before you receive a Notice of Right to Sue, although in some cases it may agree to issue one sooner. Under 29 CFR 1601.28, issuing a notice of right to sue generally ends further EEOC processing of the charge unless an agency official decides continued processing would serve the law's purposes, so weigh an early request carefully.

How to Stay Involved in Your Charge

Keep your contact information current in the EEOC Public Portal, because a missed message can delay your charge. Use the portal to upload supporting documents, and respond to the investigator's requests by the stated due date. If you need more time, ask the investigator before the deadline and confirm any new date in writing. Keep copies of everything you submit and a log of each exchange with the agency. If new discriminatory or retaliatory events happen after you file, contact the investigator promptly; the EEOC warns that filing deadlines also apply when adding to a charge.

What Happens When the Investigation Ends

After the investigation, the EEOC decides whether there is reasonable cause to believe discrimination occurred. If it cannot reach that conclusion, the charging party receives a Dismissal and Notice of Rights, which gives the charging party 90 days from receiving it to file a lawsuit in federal court. If it finds reasonable cause, both sides receive a Letter of Determination and an invitation to conciliation. A dismissal means only that the EEOC could not conclude discrimination occurred; a cause finding is not a court judgment.

When to Get a Free Consult

Get a free consult if you received a Request for Information or a request for a witness list, if the investigator has asked to interview you or schedule a fact-finding conference, if you believe the employer is withholding or destroying records, if you face new retaliation during the investigation, or if you are deciding whether to request an early right-to-sue notice. This article is general information, not legal advice. The EEOC does not represent either side, outcomes depend on the evidence and the laws involved, and state claims may carry separate deadlines. No lawyer can guarantee what the EEOC, the employer, or a court will do.

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