How to File an EEOC Complaint: A Step-by-Step Guide
Learn the complete process for filing a charge of discrimination with the Equal Employment Opportunity Commission, from intake to resolution.
What Is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing laws that prohibit workplace discrimination. When an employer violates your rights based on race, color, religion, sex, national origin, age, disability, or genetic information, the EEOC is the agency that investigates and acts on your behalf. The EEOC handles charges filed under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act (EPA), and the Genetic Information Nondiscrimination Act (GINA). Understanding what the EEOC does is the first step toward holding your employer accountable.
When Should You File an EEOC Complaint?
You should consider filing an EEOC charge if you believe your employer has discriminated against you, harassed you, or retaliated against you for engaging in protected activity. Common situations include being fired, denied a promotion, or subjected to hostile treatment because of your protected characteristics. Timing matters: in most cases you have 180 days from the date of the discriminatory act to file a charge, though this extends to 300 days if your state has its own anti-discrimination agency. Do not wait until the last minute. The sooner you file, the better your chances of preserving evidence and witness recollections.
Step 1: Gather Your Documentation
Before filing, collect any evidence that supports your claim. This includes emails, text messages, performance reviews, termination letters, witness contact information, pay stubs, and any written complaints you made to HR or management. Organize everything chronologically. A detailed timeline of events strengthens your charge and helps your attorney build a compelling case. Even if you do not have formal documentation, your personal written account of what happened, including dates, times, locations, and names, is valuable evidence.
Step 2: Contact the EEOC or an Employment Lawyer
You can file a charge by visiting your nearest EEOC field office, calling the EEOC at 1-800-669-4000, or submitting an inquiry through the EEOC Public Portal online. However, many employees find it beneficial to consult with an employment lawyer before filing. An attorney can review your situation, help you identify all potential claims, and ensure your charge is drafted in a way that preserves your rights. Many employment lawyers, including those in the YesLawyer network, offer free initial consultations.
Step 3: File the Charge of Discrimination
The charge is a signed statement describing the discrimination you experienced. It includes your name and contact information, your employer's name and contact information, a description of the events you believe were discriminatory, and the dates those events occurred. You do not need a lawyer to file, but having one ensures nothing is overlooked. The EEOC will serve your employer with a copy of the charge and begin its investigation process.
Step 4: The EEOC Investigation
After your charge is filed, the EEOC assigns an investigator who may request documents from your employer, interview witnesses, and review evidence. The investigation can take several months to over a year depending on complexity. During this time, the EEOC may offer mediation as a voluntary way to resolve the dispute. If mediation fails or is declined, the investigation continues to a determination.
Step 5: Receiving the EEOC's Determination
The EEOC will issue one of several outcomes. If it finds reasonable cause to believe discrimination occurred, it will attempt to settle the matter through conciliation with your employer. If conciliation fails, the EEOC may file a lawsuit on your behalf or issue you a Notice of Right to Sue, which allows you to file your own federal lawsuit within 90 days. If the EEOC does not find reasonable cause, you still receive a Right to Sue notice and can pursue your claim independently in court.
Common Mistakes to Avoid
Many employees make errors that weaken their EEOC claims. Waiting too long to file is the most common mistake, as strict deadlines apply. Failing to document incidents as they occur, not including all relevant claims in the charge, and not consulting a lawyer before filing are other frequent missteps. Additionally, some employees resign in frustration before filing, which can complicate a constructive discharge argument. Speak with an attorney before making any major decisions.
How an Employment Lawyer Helps
An experienced employment attorney does more than draft your EEOC charge. They evaluate whether you have additional claims beyond what you initially identified, advise you on the best strategy, communicate with the EEOC on your behalf, and represent you if the case proceeds to litigation. Because most employment attorneys work on contingency for discrimination cases, you typically pay nothing unless you recover compensation.
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This guide is for informational purposes. For advice specific to your situation, get a free consultation with an experienced employment attorney.
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