An EEOC work sharing agreement is a formal arrangement between the Equal Employment Opportunity Commission and a state or local Fair Employment Practices Agency (FEPA) that allows a single discrimination charge to be filed with both agencies at once. The most consequential effect for workers is on the filing clock: in a jurisdiction covered by one of these agreements, you have 300 calendar days to file a charge instead of the 180 days federal law otherwise allows.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge The agreement also decides which agency investigates, removes a built-in waiting period at the start of the case, and shapes what your options are if you work for a small employer.
What a Work Sharing Agreement Does
Federal law gives the EEOC authority to cooperate with state and local agencies that enforce their own anti-discrimination laws,2Office of the Law Revision Counsel. 42 US Code 2000e-4 – Equal Employment Opportunity Commission and specifically to enter written agreements with them, share resources, and divide up the processing of charges.3Office of the Law Revision Counsel. 42 US Code 2000e-8 – Investigations A work sharing agreement puts that authority into practice. It sets out how the EEOC and each FEPA will split incoming charges, share investigation results, and avoid duplicating each other’s work.
Most states have a FEPA with a work sharing agreement in place. The few states without one leave residents with only the shorter 180-day federal deadline. The EEOC maintains a directory of state and local programs if you’re unsure whether your state has one.4U.S. Equal Employment Opportunity Commission. State and Local Programs
Federal Laws the Agreement Covers
Dual filing isn’t limited to Title VII race and sex claims. The model agreement between the EEOC and FEPAs covers charges under all the major federal employment discrimination statutes: Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Genetic Information Nondiscrimination Act, and the Equal Pay Act.5U.S. Equal Employment Opportunity Commission. FY 2012 EEOC/FEPA Model Worksharing Agreement If your FEPA and the EEOC both have jurisdiction over the type of claim you’re bringing, the dual filing mechanism applies.
Many state FEPAs also enforce protections that go beyond federal law. Some states cover categories like marital status, political affiliation, or parental status that federal statutes don’t address.6U.S. Equal Employment Opportunity Commission. Federal Laws Prohibiting Job Discrimination Questions And Answers A charge based only on a state-only category won’t trigger the EEOC side of a dual filing, but the FEPA can still process it under state law.
How Dual Filing Happens on One Form
The mechanics are simple. The EEOC’s charge form (Form 5) includes a line that reads: “I want this charge filed with both the EEOC and the State or local Agency, if any.”7U.S. Equal Employment Opportunity Commission. EEOC Form 5 – Charge of Discrimination Signing the form with that language files your charge with both agencies at once. No separate paperwork, no additional fee, and no need to contact the FEPA on your own.
You can start a charge through the EEOC’s online public portal, which walks you through an inquiry and interview before the formal charge is drafted. Attorneys filing for clients use the EEOC’s E-File system instead. If your deadline is fewer than 60 days away, the portal has expedited instructions for getting the charge in on time.8U.S. Equal Employment Opportunity Commission. Filing A Charge of Discrimination
The dual filing works in reverse too. If you walk into a FEPA office first, the FEPA cross-files with the EEOC under the same agreement. The agency that physically receives your charge first generally becomes the lead investigator.
The 300-Day Deadline
Under federal law, a discrimination charge must be filed within 180 calendar days of the discriminatory act. When a state or local agency enforces a law prohibiting the same type of discrimination, that deadline extends to 300 calendar days.9Office of the Law Revision Counsel. 42 US Code 2000e-5 – Enforcement Provisions The longer window exists because the statute contemplates the state agency getting a chance to act first, and Congress didn’t want that state-level step to eat into your filing time.
The clock starts on the day the discrimination happened. For ongoing harassment, it starts from the last incident. Weekends and holidays count as ordinary calendar days, but if day 300 lands on a weekend or holiday, you get until the next business day.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge
The ADEA Exception
Age discrimination charges follow a slightly different rule. The 300-day extension applies only if a state law prohibits age discrimination and a state agency enforces it. A local ordinance alone isn’t enough to trigger the extension for age claims, even if it would be sufficient for a Title VII charge.1U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge This trips up workers in cities with strong local anti-discrimination laws but weaker state-level age protections.
Missing the Deadline
If you miss the filing window, your charge is untimely and you lose the right to pursue that claim through the EEOC. Courts have applied equitable tolling in rare situations, such as when the EEOC itself mishandled a claimant’s inquiry and caused the delay. Judges treat tolling as a narrow exception, not a safety valve for ordinary delay. Treat the deadline as absolute.
The Built-In 60-Day Delay, Waived
Title VII originally required the EEOC to hold off on any charge that fell under a state or local agency’s jurisdiction, giving the FEPA an exclusive 60-day window to process the charge first.9Office of the Law Revision Counsel. 42 US Code 2000e-5 – Enforcement Provisions Left in place, that rule would park your charge with the state agency for two months before federal processing could begin.
Work sharing agreements remove that delay. Under the agreement, the FEPA waives its exclusive processing period for the categories of charges the agreement covers.10eCFR. 29 CFR 1601.13 – Filing and Deferral Procedures A dual-filed charge is then treated as filed with the EEOC the moment it’s received. No queue, no holding pattern.
Which Agency Investigates Your Charge
The agreement divides incoming charges between the EEOC and the FEPA using allocation rules. The default is that whichever agency originally receives the charge handles the investigation.5U.S. Equal Employment Opportunity Commission. FY 2012 EEOC/FEPA Model Worksharing Agreement Some agreements route certain categories of cases to one agency or the other based on expertise or staffing.
Once the lead agency finishes its investigation, the other agency reviews the file. The EEOC applies a “substantial weight” standard to FEPA findings, evaluating whether the FEPA properly addressed jurisdictional requirements, investigated all relevant issues, applied the correct legal theory, and secured appropriate relief where warranted.11U.S. Equal Employment Opportunity Commission. FY 2013 EEOC/FEPA Model Worksharing Agreement In practice, the reviewing agency generally adopts the lead agency’s findings rather than reinvestigating. The quality of your case often depends on which agency handles it first.
When the Agreement Won’t Help You
Two limits are worth knowing before you file.
First, employer size. Title VII and the ADA apply only to employers with 15 or more employees in each of at least 20 calendar weeks during the current or preceding year.12Office of the Law Revision Counsel. 42 US Code 2000e – Definitions Independent contractors don’t count toward that total.13U.S. Equal Employment Opportunity Commission. Section 2 Threshold Issues Many state laws apply to smaller employers, and some cover all employers regardless of size. If you work for an employer below the federal threshold, a FEPA charge under state law may be your only route. The FEPA can’t cross-file that charge with the EEOC because the EEOC has no jurisdiction, but a state-law remedy still exists.
Second, states without a FEPA. If your state has no Fair Employment Practices Agency, no work sharing agreement extends your deadline. You’re back to the 180-day federal window, and you can’t dual-file because there’s no state agency to file with.