Employment Law
If you’ve experienced workplace discrimination or harassment, filing a charge with the EEOC is usually the required first step before you can take your employer to court. Here’s how the process works.
What is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces laws against workplace discrimination. Before you can sue an employer for most types of discrimination under federal law, you must first file a formal charge with the EEOC and receive a “right to sue” letter.
The Deadlines Are Strict — Act Quickly
This is the most important thing to know: you generally have 180 calendar days from the date of the discriminatory act to file a charge. In states that have their own anti-discrimination agency (most states), that deadline extends to 300 days. Missing the deadline almost always means losing your right to sue entirely. Do not wait.
Step-by-Step: How to File an EEOC Charge
1. Start the Process Online
Go to the EEOC’s public portal at publicportal.eeoc.gov. You’ll answer a series of questions to determine if your situation falls under EEOC jurisdiction. This is called an “inquiry” and does not yet constitute a formal charge.
2. Schedule an Interview
After submitting your inquiry, the EEOC will contact you to schedule an interview — by phone, video, or in person at a local EEOC office. During this interview, an EEOC staff member will review your situation and help you determine whether to proceed with a formal charge.
3. File the Formal Charge
If you decide to proceed, the EEOC will prepare a formal charge document for you to review and sign. The charge includes your name and contact information, your employer’s information, a description of what happened, and the law you believe was violated. Once signed, the EEOC will notify your employer.
4. The Investigation
The EEOC will investigate your charge. This can take anywhere from a few months to over a year. During the investigation, both you and your employer may be asked to provide documents, answer questions, or participate in mediation. The EEOC may also offer a voluntary mediation program to resolve the dispute faster.
5. Receive the Outcome
The EEOC investigation results in one of the following:
- No cause finding — the EEOC did not find evidence of a violation. You still receive a right to sue letter and can pursue the case yourself.
- Cause finding — the EEOC found reasonable cause to believe discrimination occurred. The EEOC will attempt to reach a settlement with your employer.
- Right to sue letter — you can request this at any time after 180 days have passed since filing, even if the investigation is ongoing.
6. File a Lawsuit if Needed
Once you receive your right to sue letter, you have 90 days to file a lawsuit in federal court. If you plan to sue, consult an employment attorney immediately — 90 days goes fast.
What to Bring and Document
- Dates, times, and descriptions of each discriminatory incident
- Names of witnesses
- Relevant emails, texts, performance reviews, or written warnings
- A copy of your employment contract or offer letter
- Any internal complaints you filed with HR
Do You Need a Lawyer to File?
No — you can file an EEOC charge on your own without an attorney. However, having an employment lawyer review your situation before you file can help ensure your charge is framed effectively. Many employment attorneys offer free consultations and work on contingency.
Key Takeaways
- Filing an EEOC charge is required before suing for most types of workplace discrimination
- You have 180 or 300 days from the discriminatory act — do not miss this deadline
- Start at publicportal.eeoc.gov
- You do not need a lawyer to file, but legal advice can strengthen your case
- Once you receive a right to sue letter, you have only 90 days to file a lawsuit
Disclaimer: The information on LegalConsultants.com is provided for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.