How to Fill Out and File EEOC Form 5: Charge of Discrimination

To file EEOC Form 5, the Charge of Discrimination, start an inquiry through the EEOC Public Portal at eeoc.gov, mail a signed letter to your nearest EEOC field office, or visit an office in person. An EEOC staff member interviews you, drafts the formal charge from your answers, and sends it back for your electronic or written signature. There is no filing fee, and the entire process must be completed within 180 calendar days of the discriminatory act, or 300 days if a state or local fair employment agency covers the same conduct.¹

The Deadline That Controls Everything

The clock starts on the date the discrimination happened, not the date you decided to do something about it. You have 180 calendar days by default. That extends to 300 days if a state or local Fair Employment Practices Agency (FEPA) enforces a law prohibiting the same type of discrimination.¹ Most states have a FEPA, so the longer deadline applies to most filers, but don’t assume yours does without confirming. Miss the deadline and the EEOC cannot investigate.

If your state has a FEPA, worksharing agreements mean filing with either the EEOC or the state agency automatically cross-files with the other. You do not have to submit paperwork twice.²

Who Can File and Who Can’t

The EEOC enforces federal laws prohibiting employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), national origin, age, disability, and genetic information. Retaliation for complaining about discrimination, filing a charge, or participating in an investigation is also covered.³

Employer size matters. Title VII and the Americans with Disabilities Act reach employers with 15 or more employees for each working day in at least 20 calendar weeks of the current or preceding year.⁴ The Age Discrimination in Employment Act sets its threshold at 20 employees.⁵ Smaller employers fall outside the EEOC’s reach, though a state or local agency may accept a complaint anyway.

Two situations bypass Form 5 entirely. Equal Pay Act claims can go straight to court within two years of the last discriminatory paycheck, or three years for willful violations; you can file a charge if you want to, but doing so does not pause the lawsuit deadline.¹ And federal employees follow a separate internal process through their agency’s EEO office rather than filing Form 5. Federal workers must contact an agency EEO counselor within 45 calendar days of the discriminatory act.⁶

What to Gather Before You Start

Missing information can delay your charge or force amendments later. Pull the following together first:

The employer’s legal name and street address. Use the official business name from pay stubs, tax documents, or your offer letter, not the brand on the sign. The address should be where the discrimination happened.
A reasonable estimate of the number of employees. An exact headcount is not required, but this figure determines which laws apply.
Specific calendar dates for each incident, especially the earliest and the most recent. Form 5 asks for both.
Names and titles of supervisors, managers, or coworkers who took part in or witnessed what happened.
Supporting documents: performance reviews, emails, text messages, written warnings, termination letters, pay records.

Write a chronological log of events. When the EEOC interviewer walks through your timeline, a clear sequence makes the particulars section of the charge easier to draft and harder to poke holes in.

Three Ways to File

Online Through the EEOC Public Portal

This is the most common route. You start with an online inquiry answering questions about your situation so the EEOC can decide whether your complaint falls under the laws it enforces. Staff then interview you by phone or through the portal. Based on that interview, an EEOC employee prepares your formal Form 5 charge and posts it to your portal account, where you review it and sign electronically.⁷ The form is not a document you fill out yourself and upload; it is drafted from your interview.

By Mail

Send a signed letter to your nearest EEOC field office. Include your name, address, and phone number; the employer’s name, address, and phone number; the number of employees; a short description of the events you believe were discriminatory; the dates they happened; and why you believe you were discriminated against. The EEOC will not investigate an unsigned letter.⁸ Certified mail with return receipt gives you dated proof of delivery, which matters if you are close to the deadline. Notarization is not an EEOC requirement because the charge is signed under penalty of perjury, though a state agency handling the dual-filed version may want it.

In Person

EEOC field offices take scheduled appointments and walk-ins. Book through the Public Portal. A staff member reviews your information, helps complete the charge, and catches errors before it is finalized.⁷ This is the safest route if you are unsure whether your situation qualifies or which legal bases apply.

All three methods are free.⁸

Filling Out Form 5, Section by Section

Whether you complete the charge online, by mail, or at an office, the information maps to the same Form 5 layout.⁹

Charging Party. Your name, home phone number, year of birth, and full street address. This is how the EEOC reaches you throughout the case.

Respondent. The employer’s, union’s, or employment agency’s legal name, phone number, street address, and approximate number of employees or members. If more than two respondents are involved, list the additional ones in the particulars section.

Discrimination Based On. Checkboxes for each protected category: race, color, sex, religion, national origin, age, disability, genetic information, and retaliation. Select only what applies. These selections define which federal statutes the EEOC will use when investigating.³

Dates Discrimination Took Place. The earliest and latest dates. The latest date is critical because it decides whether you filed within the 180- or 300-day window.

Particulars. A narrative describing what happened: who did what, when, and why you believe it was discriminatory. Stick to facts, specific actions, dates, and names. Skip emotional characterization of motives and let the facts carry the account. Attach extra sheets if the space runs out.

Dual filing statement. A pre-printed statement indicating you want the charge filed with both the EEOC and any applicable state or local agency.

Signature. You sign under penalty of perjury affirming the charge is true to the best of your knowledge. An unsigned charge is not investigated.

After You Sign and Submit

The EEOC must notify the employer of the charge within 10 days of the filing date.¹⁰ Your name and the basic allegations are disclosed; there is no anonymous filing. You receive a charge number, printed in the upper right of the form, which you can use with your zip code to check status through the EEOC’s online system.¹¹

The EEOC may offer voluntary mediation before opening a full investigation. Both sides have to agree. If either declines, or if mediation does not produce a settlement, the charge goes to investigation as if mediation never happened.¹² In an investigation, the EEOC usually asks the employer for a written position statement. You can request a copy along with its non-confidential attachments, and you have 20 days to respond in writing.¹³ Investigations take roughly 10 months on average, with complex cases running longer.¹⁴

If new discriminatory acts happen after you file, contact your assigned investigator. The EEOC can amend the existing charge or have you file a separate one. Filing deadlines still apply to any new incidents; the pending charge does not extend the clock for them.¹⁵

Whatever the outcome, you eventually receive either a Letter of Determination or a Notice of Right to Sue. Once you receive a Notice of Right to Sue, you have exactly 90 days to file a lawsuit in federal court.¹⁶ For Title VII or ADA charges, you can request an early Notice of Right to Sue in writing after 180 days have passed since you filed.¹⁵

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U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge
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U.S. Equal Employment Opportunity Commission. Fair Employment Practices Agencies (FEPAs) and Dual Filing
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U.S. Equal Employment Opportunity Commission. Prohibited Employment Policies/Practices
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U.S. Equal Employment Opportunity Commission. Title VII of the Civil Rights Act of 1964
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U.S. Equal Employment Opportunity Commission. Age Discrimination
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Justice Management Division. Complaint Processing
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U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination
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U.S. Equal Employment Opportunity Commission. Filing A Charge of Discrimination
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U.S. Equal Employment Opportunity Commission. Form 5 – Charge of Discrimination
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U.S. Equal Employment Opportunity Commission. Confidentiality
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U.S. Equal Employment Opportunity Commission. EEOC Online Charge Status System Tip Sheet
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U.S. Equal Employment Opportunity Commission. Questions And Answers About Mediation
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U.S. Equal Employment Opportunity Commission. Questions and Answers for Respondents on Position Statement Procedures
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U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge
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U.S. Equal Employment Opportunity Commission. After You Have Filed a Charge
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U.S. Equal Employment Opportunity Commission. Filing a Lawsuit