Withdrawing an EEOC Charge: Form 154 and What It Means
A request to withdraw an EEOC charge is not automatic. Learn how Form 154 works, why agency approval matters, and what to preserve before deciding.
Can You Withdraw an EEOC Charge?
A charging party can ask the Equal Employment Opportunity Commission to withdraw a charge, but the request is not automatic. EEOC Form 154 is the agency's Request for Withdrawal of Charge of Discrimination. The form says the request is subject to Commission approval, so a worker should not assume that sending a request immediately ends the agency process. Keep the charge number, a copy of every request, and the agency's written response.
Form 154 Starts the Request Process
EEOC lists Form 154 among its selected forms for a request to withdraw a charge. The form asks for the charge number, the parties' names, the reason for the request, a date, and a signature. It also distinguishes a withdrawal with settlement from one without settlement. Follow the instructions from the EEOC office handling the charge and save proof that the completed request was submitted.
Approval Matters Before Treating the Charge as Closed
The Form 154 instructions state that the Commission will consider and act on a withdrawal request. An EEOC charge can involve the agency's public-enforcement role as well as the individual worker's concerns. The EEOC has explained that an attempted withdrawal does not necessarily end its authority to investigate. Wait for the agency's confirmation rather than relying on a private agreement, an employer request, or an unconfirmed portal upload.
A Settlement Does Not Explain Every Consequence
Form 154 separately identifies withdrawals with and without settlement. A settlement can include terms affecting payment, a release, deadlines, confidentiality, reference language, tax treatment, and other rights. The fact that an employer offers a settlement does not tell a worker whether the EEOC will approve a withdrawal or whether the written terms address every claim. Read the final document rather than relying on a summary.
Do Not Assume a Withdrawal Creates a Right-to-Sue Notice
A withdrawal request is different from asking the EEOC for a Notice of Right to Sue. A right-to-sue notice can start a court filing period for certain laws, while withdrawal has its own approval process. The notice, employer type, statute, and timing matter. Do not assume that withdrawing a charge preserves, starts, pauses, or extends another deadline; read the agency's written notice and get individual advice promptly if a deadline may be close.
New Events and Retaliation May Need Their Own Attention
Federal EEO laws prohibit retaliation for filing a charge, participating in an investigation, or opposing discrimination. If an employer takes a new action after a charge is filed, preserve the date, decision, messages, witnesses, and related records. A pending withdrawal request does not automatically resolve later events or extend their filing deadlines. The EEOC may need to consider an amendment or a new charge depending on the facts.
Federal Employees Use a Different EEO Process
This page addresses the EEOC charge process generally used by private-sector, state-government, and local-government workers and applicants. Federal employees and applicants use their agency's federal-sector EEO process, with separate forms, deadlines, and decision routes. Follow the notice and instructions from the agency handling a federal-sector matter instead of treating Form 154 as a universal withdrawal procedure.
Keep a Complete Record Before Requesting Withdrawal
Save the signed charge, the charge number, portal messages, mediation or settlement documents, the employer's position statement, your response, the Form 154 request, delivery confirmation, and every EEOC decision. Also preserve the underlying timeline and lawfully held records such as messages, policies, schedules, pay information, evaluations, requests, and witness details. A later review is harder when the only copy of an important record was surrendered or deleted.
Questions to Resolve Before Signing
Confirm which charge is being addressed, whether the request is tied to a written agreement, what the agreement requires, which claims or parties it covers, whether anyone is asking for a release, and which agency deadlines remain. Ask the EEOC office how to submit the request and how approval or closure will be communicated. Keep questions factual and written where possible so the response and timing are clear.
When to Get a Free Consult
Get a free consult before requesting withdrawal if you received a settlement proposal, release, employer request, or an EEOC form you do not understand; if a right-to-sue or filing deadline may be near; or if retaliation happened after the charge. This article is general information, not legal advice. The right approach depends on the charge, the agreement, the employer, the statute, the agency's response, timing, and applicable law.
Primary Sources
- EEOC Form 154: Request for Withdrawal of Charge of DiscriminationAccessed September 30, 2026
- EEOC: Selected EEOC FormsAccessed September 30, 2026
- EEOC: What You Can Expect After You File a ChargeAccessed September 30, 2026
- EEOC: Definitions of TermsAccessed September 30, 2026
- EEOC: RetaliationAccessed September 30, 2026
- EEOC: Federal-Sector EEO Complaint ProcessAccessed 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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