How to File an EEOC Charge

The general filing sequence

1. 01Confirm the EEOC covers your situationThe EEOC enforces federal laws that make it illegal to discriminate against an employee or job applicant because of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information. It also protects you from retaliation for reporting discrimination, filing a charge, or participating in an investigation. Most employers with at least 15 employees are covered, and 20 employees for age claims.
2. 02Act quickly, because deadlines are strictYou generally have 180 calendar days from the day the discrimination happened to file a charge. That window extends to 300 calendar days if a state or local agency enforces a law prohibiting the same kind of discrimination, which is true in most states. The safest approach is to assume the shorter 180 day window and act immediately, because a missed deadline can end your case before it begins.
3. 03Start your inquiry through the EEOC Public PortalThe fastest way to begin is the EEOC Public Portal at publicportal.eeoc.gov. You submit an online inquiry that describes what happened, and the system uses Login.gov to verify your identity. You can also begin by calling 1-800-669-4000, by visiting a field office, or by mail. Submitting an inquiry is not the same as filing a charge; it is the first step.
4. 04Attend the intake interviewAfter your inquiry, the EEOC schedules an interview, by phone, by video, or in person at a field office. An investigator reviews what happened, asks questions, and helps determine whether your situation may be a charge of discrimination. Come prepared with names, dates, and a clear timeline of events.
5. 05File the formal charge of discriminationIf your situation fits, you file a signed charge of discrimination. The charge names your employer, states the basis of discrimination, and describes the harm. You can file online through the portal, in person, or by mail. There is no fee to file a charge with the EEOC.
6. 06The EEOC notifies your employer and investigatesWithin 10 days of filing, the EEOC notifies your employer that a charge has been filed. The agency may offer mediation, a voluntary and confidential way to resolve the matter early. If the case is not resolved, the EEOC investigates, which can include requesting documents, interviewing witnesses, and asking your employer to respond.
7. 07Receive your Notice of Right to Sue and act within 90 daysYou generally must allow the EEOC at least 180 days to work your charge. When the EEOC closes its process, or at your request after the waiting period, it issues a Notice of Right to Sue. Once you receive that notice, you generally have only 90 days to file a lawsuit in federal court. This is the moment to have a lawyer ready.