To file an EEOC discrimination charge, start an intake inquiry through the EEOC Public Portal, complete a scheduled interview with agency staff who draft a formal Charge of Discrimination for you to review and sign, and do it within 180 calendar days of the discriminatory act — or 300 days if a state or local agency also enforces a matching anti-discrimination law.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge The process is free, you do not need a lawyer, and mail and in-person filing are available if the portal does not suit you.
Confirm You’re Covered Before the Clock Runs Out
Federal anti-discrimination laws do not reach every workplace. Title VII of the Civil Rights Act and the Americans with Disabilities Act cover private employers, state and local governments, and educational institutions that employ at least 15 people for each working day in 20 or more calendar weeks during the current or prior year.2Office of the Law Revision Counsel. 42 U.S. Code 2000e – Definitions The Pregnant Workers Fairness Act uses the same 15-employee threshold.3U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act The Age Discrimination in Employment Act sets a higher bar of 20 or more employees.4Office of the Law Revision Counsel. 29 U.S. Code 630 – Definitions Labor unions and employment agencies are covered regardless of size.
Independent contractors are not protected by the laws the EEOC enforces, and the line between an employee and an independent contractor is not always clear. The EEOC acknowledges the determination can be complicated and will make that call for you if you contact a field office.5U.S. Equal Employment Opportunity Commission. Coverage Do that before your deadline lapses, not after.
The protected bases are race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 and older), disability, and genetic information. Retaliation is now the most frequently alleged basis, and a retaliation claim stands on its own — you can pursue one even if the underlying discrimination allegation fails.6U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Retaliation and Related Issues
The Filing Deadline
You have 180 calendar days from the date of the discriminatory act to file. That window extends to 300 days if a state or local Fair Employment Practices Agency enforces a law prohibiting the same type of discrimination, which is true in most states.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge Through worksharing agreements, the EEOC and state agencies dual-file automatically, so filing with one preserves your rights with the other.7U.S. Equal Employment Opportunity Commission. State and Local Programs
Harassment works a little differently. The clock runs from the last incident, and the EEOC will examine the full pattern of conduct even where earlier incidents fall outside the filing window.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge What does not pause the clock: internal grievances, union complaints, and private mediation. The deadline keeps running while you exhaust other channels.
Information to Gather First
Pull together the employer’s full legal name, physical address, phone number, and a rough estimate of how many people it employs. The agency uses that employee count to confirm federal jurisdiction.
Then write out the facts. Specific dates, locations, and what happened during each incident. Names and job titles of everyone involved. Anyone who witnessed the conduct or overheard discriminatory remarks — investigators may contact them for corroboration. Keep it chronological and factual. Legal conclusions carry less weight than a clear account of what occurred and when.
You do not need to arrive with a polished legal document. After the intake interview, EEOC staff draft the formal Charge of Discrimination (Form 5) from what you told them, and you review and sign it.8U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination Read the draft carefully. That document becomes the foundation of the investigation, and fixing an omitted incident or a wrong protected category later creates delays.
Three Ways to Submit
Online Through the Public Portal
The fastest route starts at the EEOC Public Portal. You answer screening questions about your employer, when the discrimination occurred, the basis for your claim, and the employer’s approximate size. If the answers suggest the EEOC can help, the system prompts you to create a secure account and schedule an intake interview by phone or in person.9U.S. Equal Employment Opportunity Commission. EEOC Public Portal After the interview, a staff member prepares the charge, which you review and sign electronically. The portal also handles document exchange and messaging with your assigned investigator throughout the case.
By Mail
You can mail a signed charge to the nearest EEOC district office. Include the employer’s identifying information, a description of what happened and why you believe it was discriminatory, and your contact details so the agency can confirm receipt. Verify which office has jurisdiction over the area where the discrimination occurred before you send anything.
In Person
Field offices accept walk-in inquiries, but most require you to schedule an appointment through the Public Portal first.8U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination An in-person visit lets you talk through your situation directly, complete the intake questionnaire on the spot, and sign the charge before you leave. This works well when circumstances are complicated or when you’re unsure whether your situation qualifies.
Federal Employees Use a Different Process
If you work for the federal government, do not file through the Public Portal. Contact an EEO counselor at your own agency within 45 days of the discriminatory act or the effective date of a personnel action.10eCFR. Federal Sector Equal Employment Opportunity That window is far shorter than the private-sector deadline. It may be extended if you were not notified of the time limit, did not know the discriminatory action occurred, or were prevented by circumstances beyond your control from making contact.
The counselor attempts informal resolution. If that fails, you receive a notice explaining how to file a formal complaint with the agency’s EEO office, and you have just 15 days from receiving that notice to file it.11U.S. Equal Employment Opportunity Commission. Overview Of Federal Sector EEO Complaint Process Put both deadlines on a calendar the moment you learn of them.
What Happens After You File
The EEOC notifies the employer within 10 days of your filing date.12U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge The employer submits a position statement defending its actions. You receive a copy and have 30 days to respond in writing, by phone, or in a meeting with your investigator.13U.S. Equal Employment Opportunity Commission. Questions and Answers for Charging Parties on EEOC’s New Position Statement Procedures Your response stays confidential and will not be shared with the employer during the investigation. Focus on specific facts and evidence that support your claim or rebut the employer’s arguments. If you need more time, ask the investigator early.
The EEOC may offer mediation before opening a full investigation. It’s free, voluntary, and requires both sides to agree — if either declines, the charge moves into the regular investigation track.14U.S. Equal Employment Opportunity Commission. Questions And Answers About Mediation Agreements reached in mediation are legally binding.
Investigations averaged roughly 11 months as of 2023.15U.S. Equal Employment Opportunity Commission. What You Can Expect After a Charge is Filed The case ends one of two ways. If the EEOC finds reasonable cause, it issues a Letter of Determination and invites both sides into conciliation, a voluntary settlement process.16U.S. Equal Employment Opportunity Commission. What You Should Know: The EEOC, Conciliation, and Litigation If the agency does not find reasonable cause or decides not to litigate, it issues a Notice of Right to Sue. You then have 90 days from receiving that notice to file a private lawsuit in federal court.17Office of the Law Revision Counsel. 42 U.S. Code 2000e-5 – Enforcement Provisions That 90-day window is firm.
If more than 180 days have passed since you filed and the investigation is still pending, you can request a Right to Sue letter through the Public Portal or by writing to the office handling your case. The EEOC must grant that request once 180 days have elapsed.18U.S. Equal Employment Opportunity Commission. Filing a Lawsuit Requesting it ends the EEOC’s investigation, so weigh the tradeoff: you gain speed and lose the agency’s investigative resources.
What You Can Recover
A successful charge can produce back pay covering the wages and benefits you lost, including overtime, health insurance contributions, and retirement benefits. You have a duty to look for other work during this period, and wages you earn elsewhere reduce the back pay amount owed.
Compensatory damages cover out-of-pocket costs and emotional harm. Punitive damages punish employers who acted with malice or reckless indifference. Under Title VII, the ADA, and the Genetic Information Nondiscrimination Act, the combined total of compensatory and punitive damages is capped by employer size, ranging from $50,000 for employers with 15 to 100 employees up to $300,000 for those with more than 500.19Office of the Law Revision Counsel. 42 U.S. Code 1981a – Damages in Cases of Intentional Discrimination in Employment Race discrimination claims brought under 42 U.S.C. § 1981 have no statutory cap, and ADEA claims use a separate liquidated damages structure for willful violations.
Beyond money, courts can order reinstatement, promotion you were denied, changes to discriminatory policies, or expungement of negative records tied to the discrimination.20U.S. Equal Employment Opportunity Commission. Remedies For Employment Discrimination Where reinstatement is impractical, front pay compensates for future lost earnings instead.