How to Request Your EEOC Charge File After an Investigation
Learn when a charging party may request an EEOC charge file, what the 90-day notice period means, and how Section 83 and FOIA requests differ.
When You May Request the Charge File
An EEOC charge file is the collection of records connected to a discrimination charge. The EEOC says special rules apply: a charging party may request the file after the agency has completed its investigation and issued a Notice of Right to Sue. The request window is generally 90 days after the charging party receives that notice. That timing is important because the notice can also set a deadline to file a lawsuit. A request for records does not extend the deadline in the notice, so keep the original notice and calendar its date separately. This article addresses a charging party's own private-sector charge; federal employees follow a different EEO process.
First, Save What Is Already in the EEOC Public Portal
The EEOC Public Portal says that, after a charge closes, a charging party may view the charge information and associated documents online for up to 90 days. Download and save the closure notice, charge, correspondence, and other available documents promptly. The portal guide says that after more than 90 days, the charge is no longer available there and the charging party may request a copy of the charge file from the district office. Portal access and a request for the full file are different tools, so do not assume that a portal download contains every record or that a records request changes any filing deadline.
Section 83 and FOIA Are Different Request Paths
The EEOC says a charging party may use a Section 83 request for a charge file instead of a Freedom of Information Act request. A Section 83 request is generally processed more quickly, but the EEOC says it does not provide an explanation of withheld material or a right to appeal a withholding decision through that route. A FOIA request has different procedures and may provide a written explanation of withheld material and appeal rights. The EEOC's FAQ says that making one type of request does not prevent a timely request through the other route. Choose the path based on the current EEOC instructions and the information you need; neither route is a substitute for reviewing a court-filing deadline with counsel.
What to Include in a Request
The EEOC's FOIA instructions say requests must be in writing, clearly identified as a FOIA request, and described with as much detail as possible. Useful details include the charge number, names, the date and location, and the records sought. For charges filed through a district office, the EEOC says the request may be submitted through its online system or directly to the appropriate district office by the methods it lists. Submit a request through one method, keep a copy, and save any tracking number or confirmation. If you are using Section 83 instead, follow the EEOC's current charge-file instructions rather than labeling it as a FOIA request.
Why Parts of a File May Be Withheld
A charge file is not necessarily a complete, unredacted copy of every record. The EEOC says it may withhold information protected by legal disclosure rules, including some personal information about other people, confidential sources, attorney-client or attorney-work-product material, and internal agency deliberations. Its FAQ also explains that charge and conciliation information is not public. If the EEOC withholds material in response to a FOIA request, its process can explain the withholding and the available appeal route. Do not share charge materials publicly just because you received them; ask for legal advice about any confidentiality, protective-order, or litigation issue that may apply.
After the 90-Day Notice Period
The EEOC says that once the 90-day Notice of Right to Sue period has expired, a charging party who seeks the charge file must provide a copy of a court complaint marked Filed with the request. The agency's public-portal guide similarly directs people whose charges have been closed for more than 90 days to request the file through the EEOC or contact the district office. Because the right-to-sue deadline can expire before a records request is completed, do not wait for a response before deciding whether to seek legal advice about a potential lawsuit.
When to Get a Free Consult
Get a free consult if you received a Notice of Right to Sue, need help understanding an EEOC closure document, or are considering a lawsuit while requesting records. This article is general information, not legal advice. The rules can differ based on the statute, the kind of charge, the employer, whether a state or local agency handled it, and whether a case has already been filed. No records request changes a deadline unless the EEOC or a court says so in writing.
Primary Sources
- EEOC: Freedom of Information ActAccessed September 30, 2026
- EEOC: FOIA Frequently Asked QuestionsAccessed September 30, 2026
- EEOC: FOIA Requests and AppealsAccessed September 30, 2026
- EEOC Public Portal User's Guide: Charge ClosureAccessed September 30, 2026
Think You Have a Case?
This article is general information, not legal advice. For a review of your situation, get a free consult with the YesLawyer team.
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