Before you can sue your employer for discrimination, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC). Understanding this process helps you protect your rights and meet critical deadlines.
Why File with the EEOC?
For most federal discrimination claims, EEOC filing is required before you can sue. This "administrative exhaustion" requirement gives the EEOC opportunity to investigate and resolve complaints before litigation. Filing also stops the statute of limitations clock and creates an official record of your complaint.
Filing Deadlines
You must file an EEOC charge within strict deadlines:
180 days: In states without local discrimination agencies.
300 days: In states with Fair Employment Practices Agencies (FEPAs) that have work-sharing agreements with the EEOC.
Deadlines run from the date of the discriminatory act. Missing the deadline typically bars your claim—act promptly.
What the EEOC Covers
The EEOC handles complaints of discrimination based on: race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, and genetic information.
The EEOC covers employers with 15 or more employees (20 for age discrimination).
How to File
You can file an EEOC charge through:
EEOC Public Portal: Online filing at the EEOC website.
In-person: At any EEOC field office.
By mail: Sending a written charge to your local EEOC office.
State agency: Filing with a state FEPA, which cross-files with the EEOC.
What to Include in Your Charge
Your EEOC charge should include: your name and contact information, your employer's name, address, and number of employees, a description of the discriminatory acts, when the discrimination occurred, the basis of discrimination (race, sex, disability, etc.), and your signature.
Be specific about what happened, when, and who was involved. You can amend your charge later if you discover additional facts.
EEOC Investigation
After filing, the EEOC may: notify your employer and request a response, request documents from both parties, interview witnesses, attempt mediation to resolve the matter, investigate and reach a determination, or issue a "right to sue" letter allowing you to file in court.
Investigations can take months to years depending on complexity and EEOC workload.
Mediation
The EEOC offers free mediation to resolve charges. Mediation is voluntary—both sides must agree to participate. It's often faster than investigation and can produce good results without litigation. Discussions are confidential and don't affect your right to proceed if mediation fails.
Right to Sue Letter
You need a "right to sue" letter before filing in federal court. You can request one after 180 days if the EEOC hasn't resolved your charge, or the EEOC issues one after completing investigation. Once you receive the letter, you have only 90 days to file a lawsuit—this deadline is strictly enforced.
Dual Filing with State Agencies
Many state agencies automatically cross-file charges with the EEOC. This preserves both federal and state claims. If you file with the EEOC, you can ask them to cross-file with your state agency. Check whether your state has its own discrimination laws with different deadlines or remedies.
Retaliation Protection
Filing an EEOC charge is protected activity. Your employer cannot retaliate against you for filing. If you experience retaliation, you can amend your charge or file a new one—retaliation creates separate legal claims.
Do You Need an Attorney?
You can file an EEOC charge without an attorney, but legal help is beneficial. Attorneys can help craft effective charges, advise on strategy, and prepare for the next steps. Many employment attorneys offer free consultations and handle cases on contingency.
After the EEOC Process
Once you have a right to sue letter, you can file a lawsuit in federal court. State claims may proceed in state court. The 90-day deadline to file after receiving the letter is critical—mark it on your calendar and don't miss it.