Discuss your discrimination claim with an employment attorney. Get guidance on evidence, deadlines, and strategy before you file.
Schedule a Free ConsultationA Charge of Discrimination is a formal complaint filed with the U.S. Equal Employment Opportunity Commission (EEOC) alleging that an employer has engaged in unlawful employment discrimination. Form 5 is the standard charge form used for most discrimination complaints under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA). The charge initiates an EEOC investigation and is a prerequisite to filing a federal employment discrimination lawsuit in most cases.
You generally have 180 calendar days from the date of the discriminatory act to file a charge with the EEOC. However, this deadline is extended to 300 calendar days if a state or local fair employment practices agency (FEPA) enforces a law that prohibits the same type of discrimination. Most states have a FEPA, which means the 300-day deadline applies in the majority of cases. For claims under the ADEA (age discrimination), the 300-day deadline applies if there is a state age discrimination law and a FEPA. Missing these deadlines can bar your claim entirely, so prompt action is critical.
There are three ways to file an EEOC charge: (1) Online through the EEOC Public Portal at publicportal.eeoc.gov, where you can submit an inquiry, schedule an intake interview, and file your charge electronically; (2) In person at your nearest EEOC field office -- you can locate offices at eeoc.gov/field-office; or (3) By mail by sending a signed letter or completed charge form to the nearest EEOC office. The online portal is the most efficient method. After filing, the EEOC will notify the employer and begin an investigation, which can include requests for information, interviews, and potentially mediation.
After filing, the EEOC will send a copy of the charge to the employer (respondent) within 10 days. The process typically follows these stages: (1) The EEOC may invite both parties to participate in mediation, a voluntary and confidential process to resolve the dispute; (2) If mediation is declined or unsuccessful, the EEOC will investigate the charge by requesting documents, interviewing witnesses, and reviewing evidence; (3) The EEOC will issue a determination -- either a Dismissal and Notice of Rights (if no violation is found), a Letter of Determination (if reasonable cause is found), or attempt conciliation; (4) If conciliation fails, the EEOC may file a lawsuit on your behalf or issue a Right to Sue letter, giving you 90 days to file a federal lawsuit. The investigation process typically takes 6 to 12 months.
No. Federal law strictly prohibits employers from retaliating against employees who file EEOC charges, participate in discrimination investigations, or oppose discriminatory practices. Retaliation can include termination, demotion, pay cuts, negative performance reviews, reassignment to less desirable duties, threats, or any other adverse action taken because you exercised your rights. In fact, retaliation is the most frequently alleged basis of discrimination in charges filed with the EEOC. If you experience retaliation, you can file an additional charge with the EEOC specifically alleging retaliation, and retaliation claims are actionable even if the underlying discrimination charge is ultimately not sustained.