EEOC Resource Center
How to File an EEOC Charge
A seven-step general overview of the agency process, from coverage and intake through investigation and a possible Notice of Right to Sue.
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Atlas Law Center
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Confirm the EEOC covers your situation
The 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.
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Act quickly, because deadlines are strict
You 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.
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Start your inquiry through the EEOC Public Portal
The 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.
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Attend the intake interview
After 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.
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File the formal charge of discrimination
If 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.
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The EEOC notifies your employer and investigates
Within 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.
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Receive your Notice of Right to Sue and act within 90 days
You 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.
Preparation checklist
- Your full legal name and current contact information
- The employer's correct legal name and the address of the location involved
- A dated timeline of each adverse action and who took it
- The protected basis you believe motivated each action
- Your best estimate of how many people the employer employs
- Whether you have filed with a state or local fair employment agency, and when
- Names of supervisors, decision makers, and any witnesses, if you have them
Start with a conversation
Your consultation is free. Your deadline is not.
Employment claims carry strict filing deadlines. Talk to an attorney while every option is still open.
No fee for the initial review. No attorney-client relationship until confirmed in writing.