How to File an EEOC Charge: Step-by-Step Guide to Employment Discrimination Complaints

If you believe your employer discriminated against you or retaliated for complaining, a charge with the EEOC is often the first legal step. Strict deadlines apply, so knowing the process early protects your rights.

What the EEOC does

The Equal Employment Opportunity Commission enforces federal laws against employment discrimination based on race, color, religion, sex, national origin, age, disability, pregnancy and genetic information, and against retaliation. Before most employees can sue under these laws, they must file a charge with the EEOC. State and local fair employment agencies enforce similar state laws, and the agencies often share charges.

Deadlines

• Generally 180 days from the discriminatory act to file a charge.
• Extended to 300 days in states with a state or local agency that enforces similar laws.
• Federal employees have much shorter deadlines to contact an EEO counselor, typically 45 days.
• Different laws may have different rules, so file as early as possible.

Step-by-step process

1. Gather your evidence: dates, names, emails, reviews, pay records and witnesses.
2. Check coverage: Title VII and the ADA generally cover employers with 15 or more employees, and the age law covers employers with 20 or more.
3. Contact the EEOC online, by phone or in person to start an inquiry.
4. Complete an intake interview and file a charge in writing.
5. The EEOC notifies your employer.
6. The agency may offer mediation, request a position statement and investigate.
7. The EEOC may find reasonable cause, dismiss the charge or issue a notice of right to sue.
8. If you get a right-to-sue notice, you generally have 90 days to file a lawsuit.

What to include in your charge

• Your contact information and the employer's name and address.
• The dates and facts of each incident.
• The protected trait and why you believe it was the reason.
• Any complaints you made internally and the response.
• Names of witnesses and comparators treated differently.
• The harm you suffered, such as firing, demotion or harassment.

Retaliation protection

It is illegal for your employer to punish you for filing a charge or participating in an investigation. Document any changes in treatment afterward, and report retaliation promptly. See our guide on proving retaliation at work.

Working with a lawyer

You can file without a lawyer, and the EEOC does not represent you. A lawyer can help draft the charge, protect deadlines and decide whether to sue. Many employment lawyers offer free consultations. See our guide to when to hire an employment discrimination lawyer.

Preparing a charge that gets attention

The strongest charges are specific. They identify dates, individuals, comparators and the harm suffered. Provide documents and witnesses that support your claims. A clear timeline helps the investigator understand the facts quickly. Keep copies of everything you submit.

What happens during the EEOC process

After you file, the employer receives notice and may submit a position statement. The agency may offer mediation, which can lead to a quick settlement, or investigate through documents and interviews. Many charges are closed with a notice of right to sue, which starts a 90-day window to file in court. Even if the EEOC does not find cause, you may still sue.

Real-life scenarios

1. An employee files a charge within 120 days of being fired after complaining about harassment, and the case goes to mediation.
2. A worker waits eleven months and misses the deadline in a state without an agency.
3. An employee receives a right-to-sue notice and consults a lawyer within the 90-day window.

Common mistakes to avoid

• Waiting too long to file.
• Not keeping evidence.
• Filing against the wrong employer.
• Ignoring the 90-day deadline after the notice.
• Failing to respond to EEOC requests.
• Assuming internal complaints stop the deadline.

Questions to ask a professional

• What is my deadline?
• Does the EEOC cover my employer?
• Should I file with a state agency too?
• What evidence should I gather?
• Should I consider mediation?

A practical action plan

1. Collect evidence and write a timeline.
2. Check deadlines and coverage.
3. Contact the EEOC and file the charge.
4. Respond to requests and consider mediation.
5. If you receive a notice of right to sue, talk to a lawyer promptly.

Terms you may hear

• Charge of discrimination: a complaint filed with the EEOC.
• Position statement: the employer's written response.
• Notice of right to sue: permission to file in court.
• Mediation: voluntary settlement talks.
• Comparator: a coworker treated differently.

Practical considerations

Organize your evidence before you contact the EEOC. Write a timeline, collect documents and list witnesses. Be prepared to explain how you were treated differently from others and why you believe it was because of a protected characteristic or retaliation. The more specific you are, the easier it is for the investigator to evaluate your claim.

Special situations and exceptions

The EEOC process can be slow, and many charges are closed without a finding of cause. Even then, you may be able to sue, but only within the time limit after receiving a notice of right to sue. Calendar that deadline immediately, and consider consulting a lawyer as soon as you receive the notice.

Frequently asked questions