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EEOC Resource Center

EEOC Questions and Answers

Approved general answers organized by topic. These answers do not evaluate a particular workplace situation or calculate a deadline.

Getting started: filing a claim against your employer

The first questions almost everyone asks when something goes wrong at work.

How do I file a claim against my employer for discrimination?

You file a charge of discrimination with the U.S. Equal Employment Opportunity Commission, the EEOC. The fastest way to start is the EEOC Public Portal at publicportal.eeoc.gov, where you submit an online inquiry, verify your identity through Login.gov, and schedule an intake interview. You can also start by calling 1-800-669-4000, by visiting a field office, or by mail. There is no fee to file. Because the deadline can be as short as 180 days from the date of the harm, you should begin right away.

What is an EEOC charge of discrimination?

A charge of discrimination is a signed statement that accuses an employer of unlawful discrimination and asks the EEOC to take action. It names the employer, identifies the basis of the discrimination, such as race, sex, age, disability, religion, national origin, or retaliation, and describes the harm you suffered. Filing a charge is usually required before you can bring most types of employment discrimination lawsuits in federal court.

Do I need a lawyer to file an EEOC charge?

No, you are not required to have a lawyer to file a charge with the EEOC, and the process is designed so that individuals can begin on their own. That said, a lawyer can help you frame the charge correctly, preserve evidence, meet deadlines, and protect your right to sue later. Many employees consult a lawyer before filing so the charge is as strong as possible from the start.

How much does it cost to file an EEOC charge?

Nothing. There is no fee to file a charge of discrimination with the EEOC. The agency is a federal body funded by taxpayers, and the charge process is free to use.

What kinds of discrimination does the EEOC handle?

The EEOC enforces federal laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, and genetic information. It also protects workers from retaliation for reporting discrimination, filing a charge, or taking part in an investigation.

Is my employer big enough to be covered by the EEOC?

Most employers with at least 15 employees are covered by the laws the EEOC enforces. For age discrimination claims, the threshold is 20 employees. Federal, state, and local governments are also covered, and there are separate rules for unions and employment agencies. If you are unsure whether your employer is covered, an intake interview or a lawyer can help you confirm.

Deadlines and timing

Deadlines in employment cases are strict and unforgiving. When in doubt, act now.

How long do I have to file an EEOC charge?

You generally have 180 calendar days from the day the discrimination took place to file a charge. That window extends to 300 calendar days when a state or local agency enforces a law prohibiting the same kind of discrimination, which is true in most states. Because the shorter window may apply to you, the safest approach is to assume you have 180 days and act immediately.

What happens if I miss the EEOC deadline?

A missed deadline can permanently bar your claim, which means you may lose the right to pursue it no matter how strong the facts are. This is why timing matters so much. If you think the deadline may have passed, you should still speak with a lawyer right away, because certain limited exceptions and related claims may still be available.

Is the deadline 180 days or 300 days?

It depends on your state. The baseline is 180 days. The deadline extends to 300 days when a state or local fair employment agency enforces a law covering the same kind of discrimination, which is the case in most states. A handful of states use the shorter 180 day window. Rather than guess, assume the shorter window, act quickly, and confirm your exact deadline with the EEOC or a lawyer.

How long do I have to sue after I get a right to sue letter?

Once you receive a Notice of Right to Sue from the EEOC, you generally have only 90 calendar days to file a lawsuit in federal court. This deadline is firm. If you let it pass, you can lose the ability to bring your case, so this is the moment to have a lawyer ready to file.

When does the clock start running on my deadline?

The clock generally starts on the date the discriminatory act occurred, for example the day you were fired, demoted, denied a promotion, or harassed. For ongoing harassment, the timing can be more complex. Because the start date can be disputed, it is wise to treat the earliest possible date as the start and file well before any deadline.

I am a federal employee. Is my deadline different?

Yes. Federal employees follow a separate process and a much shorter first deadline. You must contact an EEO Counselor at your agency within 45 calendar days of the discriminatory action before you can file a formal complaint. Because this window is short, federal workers should act immediately.

What happens after you file

A plain-language walk through the EEOC process from filing to resolution.

What happens after I file an EEOC charge?

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 does not settle, the EEOC investigates, which can include requesting documents, interviewing witnesses, and asking your employer to respond in writing. The process can take several months or longer.

What is EEOC mediation?

Mediation is a voluntary and confidential process where a neutral mediator helps you and your employer try to resolve the charge without a full investigation. It is often faster and less adversarial than litigation. Both sides must agree to participate, and nothing said in mediation can be used against you if the case does not settle.

What is a Notice of Right to Sue?

A Notice of Right to Sue is a document from the EEOC that tells you the agency has finished its process, or that you may proceed on your own, and that you now have the right to file a lawsuit in federal court. Once you receive it, you generally have 90 days to sue, so you should contact a lawyer immediately upon receiving the notice.

How long does an EEOC investigation take?

It varies widely. You generally must allow the EEOC at least 180 days to work your charge, and many investigations take longer, sometimes a year or more, depending on the complexity of the case and the agency workload. You can request a Notice of Right to Sue after the waiting period if you would rather proceed to court.

Will the EEOC take my case to court for me?

Usually not. The EEOC litigates only a small fraction of charges itself. In most cases the agency investigates and then issues a Notice of Right to Sue, after which you pursue the case on your own or with your own lawyer. This is why having strong representation ready matters when the notice arrives.

Can I settle my case with my employer?

Yes. Many employment disputes resolve through settlement, either during EEOC mediation, during the investigation, or after a lawsuit is filed. A settlement can include money, a change in policy, a neutral reference, or other terms. A lawyer can help you evaluate whether an offer is fair and negotiate for more.

Retaliation and your protections

The law protects you for speaking up. Retaliation is itself illegal and often the strongest claim.

Can my employer fire me for filing an EEOC charge?

No. It is illegal for an employer to fire, demote, harass, or otherwise punish you because you filed a charge, complained about discrimination, or took part in an investigation. This protection is called the prohibition on retaliation, and a retaliation claim is often one of the strongest claims an employee can bring.

What counts as retaliation?

Retaliation is any action an employer takes to punish you for protected activity, such as reporting discrimination or filing a charge. It can include firing, demotion, pay cuts, a sudden poor review, exclusion from meetings, reassignment to a worse role, or increased scrutiny. The action must be serious enough that it would discourage a reasonable person from complaining.

What is protected activity?

Protected activity includes filing a charge, complaining to your employer or the EEOC about discrimination, participating as a witness in an investigation, requesting a reasonable accommodation, or refusing to follow an order you reasonably believe is discriminatory. The law protects you for these actions even if your underlying complaint does not succeed.

My employer retaliated after I complained. What should I do?

Document everything: what you reported, when, to whom, and every adverse action that followed. Preserve emails, texts, reviews, and any change in your treatment. Then act quickly, because retaliation is its own charge with its own deadline. Speaking with a lawyer early helps you protect evidence and build the timeline that proves the connection between your complaint and the punishment.

Evidence and preparing your case

What to gather and how to prepare so your charge is as strong as possible.

What evidence do I need to file an EEOC charge?

You do not need a complete case to file, but the stronger your facts, the better. Helpful evidence includes a clear timeline of events, names of people involved and witnesses, emails and text messages, performance reviews, pay records, your employee handbook, and any written complaints you made. Gather what you can before your intake interview.

Should I keep documents from work?

Keep copies of documents you already have lawful access to, such as your own pay stubs, reviews, offer letter, handbook, and emails or texts you sent or received. Do not take confidential company files you are not authorized to access, because that can create separate problems. When in doubt, ask a lawyer what you may keep.

How do I prove discrimination?

Discrimination is often proven through a pattern of facts rather than a single smoking gun: who was treated worse, who was treated better, what was said, how policies were applied unevenly, and the timing of decisions. Direct evidence like a discriminatory remark helps, but circumstantial evidence, such as similar employees being treated differently, is often what carries a case.

Should I write down what happened?

Yes. As soon as possible, write a detailed, dated account of what happened while it is fresh, including who said or did what, when, where, and who else was present. A clear contemporaneous record is one of the most valuable things you can bring to your intake interview and to a lawyer.

EEOC offices and how to reach them

Where to go, who to call, and how to find the office that covers you.

Where is the EEOC office near me?

The EEOC has 53 field offices across the country, organized into 15 districts. You can use the clickable map on this page to find the office that serves your area, see its address and phone number, and get directions. You do not have to visit the nearest office to file; you can begin online through the EEOC Public Portal from anywhere.

What is the EEOC phone number?

The national EEOC line is 1-800-669-4000. For callers who are deaf or hard of hearing, the TTY line is 1-800-669-6820, and the ASL video phone is 1-844-234-5122. You can call to ask questions, begin an inquiry, or find the field office that serves your area.

Do I have to file at the office nearest me?

No. While field offices are organized by geography, you can begin your inquiry online through the EEOC Public Portal regardless of where you live, and the EEOC will route your matter appropriately. The clickable map and directory on this page help you find and contact the office that serves your area if you prefer to file in person or by mail.

Can I file an EEOC charge online?

Yes. The EEOC Public Portal at publicportal.eeoc.gov lets you submit an inquiry, schedule your intake interview, and file a charge online. The portal uses Login.gov to verify your identity. Filing online is usually the fastest way to begin.

From the EEOC to a lawsuit

What it means to take your case to court, and how Atlas can help.

Do I have to go through the EEOC before I can sue?

For most federal employment discrimination claims, yes. You generally must file a charge with the EEOC and receive a Notice of Right to Sue before you can file a lawsuit in federal court. This step is called exhausting your administrative remedies. Some claims, such as certain wage or equal pay claims, may have different rules.

What can I recover if I win?

Depending on the claim, remedies can include back pay, front pay, reinstatement, compensation for emotional distress, punitive damages in some cases, and payment of your attorney fees and costs. The amounts depend on the law, the harm, and the size of the employer. A lawyer can estimate the value of your specific situation.

How can Atlas Law Center help me?

Atlas Law Center represents employees, never employers, in retaliation, whistleblower, wrongful termination, discrimination, harassment, and wage cases nationwide. We help you prepare and file your charge, preserve evidence, meet every deadline, and, when you receive your Notice of Right to Sue, we are ready to take your case to court. The review is free, and there is no fee unless we win.

When should I contact a lawyer?

As early as possible. A lawyer can help before you file, so your charge is framed correctly and your evidence is preserved, and the moment you receive a Notice of Right to Sue, because the 90 day deadline to file in court is firm. Early advice protects your deadlines and strengthens your case.

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.

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