The EEOC filing process is how employees pursue federal discrimination claims. Before you can sue your employer in federal court for discrimination under Title VII, the ADA, the ADEA, or GINA, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) and exhaust your administrative remedies. This guide walks you through every step of the process.
Filing with the EEOC is completely free and does not require an attorney. The process typically takes 10-18 months from filing to determination, though you can request a Right to Sue letter after 180 days if you want to proceed to court faster. Understanding each step helps you build the strongest possible case and avoid common pitfalls that can derail your claim.
You generally have 180 days from the discriminatory act to file an EEOC charge. In states with a local fair employment agency (most states), this extends to 300 days. Missing this deadline can permanently bar your claim. If you're approaching the deadline, file immediately -- you can always add details later.
The EEOC process follows a predictable sequence. While not every case includes all steps (mediation is optional, for example), understanding the full process helps you prepare for what's ahead.
Documentation is the foundation of every successful EEOC claim. Your goal is to create a contemporaneous record of discriminatory incidents that can support your case months or years later when memories have faded. Start documenting immediately -- don't wait until you decide to file a charge.
Strong documentation includes:
- Incident log: A chronological record of discriminatory events with specific dates, times, locations, what was said or done, and who witnessed it
- Written communications: Emails, text messages, Slack messages, or any written statements showing discrimination or retaliation
- Performance records: Reviews, commendations, awards, or other evidence of your job performance before and after discrimination began
- Comparator evidence: Documentation showing how similarly situated employees outside your protected class were treated differently
- Medical records: If the discrimination caused physical or emotional harm, document treatment received
Duration: Ongoing throughout the entire process
When to Start: Immediately when you first notice discriminatory treatment
Key Dates to Document:
- Date of each discriminatory incident
- Date you first complained (internally or externally)
- Date of any adverse employment actions (demotion, termination, schedule changes)
- Dates of any changes in treatment after complaining
While no documents are technically "required" at this stage, gathering the following strengthens your eventual charge:
- Your employment contract or offer letter
- Employee handbook (especially anti-discrimination and complaint procedures)
- Performance reviews (all available)
- Pay stubs showing compensation history
- Job descriptions (yours and comparators)
- Organizational charts showing reporting relationships
- Copies of any written complaints you filed
- Copies of any disciplinary notices you received
Save copies of all work-related documents to a personal device or email account before leaving your job. Once you're terminated or resign, you may lose access to critical evidence. Be careful not to take confidential business information unrelated to your claim.
- Write it down immediately: Document incidents the same day they happen while details are fresh
- Be specific: "On March 15, 2024, at approximately 2:30 PM in the break room, Manager John Smith said to me, 'We don't need any more diversity hires around here'" is far more powerful than "My manager made racist comments"
- Note witnesses: Record who else was present, even if they didn't say anything
- Save everything electronically: Forward work emails to personal email; screenshot text messages; save voicemails
- Keep a paper trail: Follow up verbal conversations with confirming emails ("Per our conversation today, you stated that...")
- Document your own performance: Save evidence of good work, positive feedback, and achievements that counter any employer claims of performance problems
Filing an internal complaint puts your employer on formal notice that you believe discrimination is occurring. This is important for several reasons:
- Creates a paper trail: A written internal complaint is powerful evidence that you complained before any adverse action
- Triggers legal protections: Once you file an internal complaint, any subsequent adverse action may constitute illegal retaliation
- May resolve the issue: Some employers will take corrective action when they learn of discrimination
- Defeats employer defenses: Employers often claim they didn't know about discrimination. A written complaint destroys this defense
When you file an internal complaint, HR should investigate your allegations, interview witnesses, and take remedial action if discrimination is confirmed. In practice, many internal investigations are inadequate or biased toward protecting the company. Document the investigation process and any deficiencies.
Duration: Internal investigations typically take 2-4 weeks
When to File: As soon as you have documented discriminatory incidents
Important: Filing an internal complaint does NOT stop the EEOC filing deadline clock. You still have 180-300 days from the discriminatory act to file with the EEOC, regardless of whether an internal investigation is pending.
For your internal complaint, prepare:
- Written complaint describing the discriminatory conduct (dates, facts, individuals involved)
- Any supporting documentation you've gathered
- List of witnesses who can corroborate your account
- Copy of the company's anti-discrimination policy (for reference)
Submit your complaint in writing (email or letter) rather than verbally. Keep a copy for your records. If you meet with HR in person, follow up with an email summarizing what was discussed.
- Be specific about the protected characteristic: State clearly that you believe the treatment is based on your race, sex, disability, age, religion, etc.
- Focus on facts, not emotions: Describe what happened objectively without editorializing
- Request specific remedies: Ask for what you want (transfer the harasser, change your schedule, stop the discriminatory practice)
- Keep a copy: Always retain copies of everything you submit
- Document the response: Note when HR responds, what they say, and whether corrective action is taken
- Watch for retaliation: If you experience any negative treatment after complaining, document it immediately
Filing an EEOC charge formally initiates the federal complaint process. You have three options:
Option 1: Online (EEOC Public Portal)
Visit publicportal.eeoc.gov to submit an inquiry and schedule an intake interview. After the interview, you can file your charge online. This is the fastest method for most people.
Option 2: In-Person
Visit your nearest EEOC field office. An intake officer will interview you, help you complete the charge form, and process your filing. No appointment is strictly required, but scheduling one avoids long waits.
Option 3: By Mail
Send a signed letter containing your contact information, your employer's information, a description of the discriminatory events, and the dates they occurred. The EEOC will contact you for an intake interview.
After you file, the EEOC will serve a copy of your charge on your employer and assign an investigator to your case.
Filing Deadline:
- 180 days from the discriminatory act in states without a local fair employment agency
- 300 days from the discriminatory act in states with a local fair employment agency (most states)
After Filing:
- EEOC will send you a confirmation with your charge number within 1-2 weeks
- Employer receives copy of charge within 10 days
- Employer has 30 days to file a position statement responding to your allegations
If discrimination is ongoing (a continuing violation), the deadline runs from the most recent discriminatory act. For harassment claims, courts consider whether the conduct is part of the same unlawful practice. Discrete acts like termination, demotion, or failure to promote each trigger their own deadline.
To file your charge, you'll need:
- Personal Information: Full legal name, address, phone number, email
- Employer Information: Company name, address, phone number, number of employees
- Discrimination Details: Type of discrimination (race, sex, disability, etc.), dates of discriminatory acts, description of what happened
- Employment Dates: When you started, current status (still employed, terminated, resigned)
Helpful but not required:
- Supporting documents (emails, performance reviews, witness contact info)
- Copy of internal complaint and employer's response
- Chronological summary of events
- Include all bases: If your discrimination involves multiple protected characteristics (e.g., race AND sex), include all of them in your charge
- Include retaliation: If you complained internally and faced adverse action afterward, include a retaliation claim
- Be thorough but concise: Your charge narrative should cover the key facts without unnecessary detail. You can provide more information during investigation
- Use specific dates: "On or about March 2024" is acceptable, but exact dates are better
- Name the decision-makers: Identify who took the discriminatory actions by name and title
- Check the box for state agency: This "dual files" your charge with your state's fair employment agency, preserving state law claims
Once your charge is filed, the EEOC assigns an investigator to your case. The investigation process includes:
- Employer Position Statement: Your employer submits a written response to your allegations, often denying discrimination and providing their version of events
- Your Rebuttal: You have an opportunity to respond to the employer's position statement
- Document Requests: The investigator may request documents from both parties
- Witness Interviews: The investigator may interview you, your employer's representatives, and other witnesses
- On-Site Visits: In some cases, investigators visit the workplace
The investigation is a fact-finding process. The investigator does not advocate for either side but tries to determine whether discrimination occurred based on the evidence.
Average Duration: 10-18 months
Factors Affecting Timeline:
- EEOC office workload (varies by region)
- Complexity of your case
- Number of witnesses and documents
- Employer responsiveness
- Whether mediation is attempted
Important: After 180 days, you can request a Right to Sue letter and proceed directly to federal court without waiting for the investigation to complete.
Provide the investigator with any documents that support your case:
- Emails, texts, or other communications showing discrimination
- Performance reviews and disciplinary records
- Pay records and promotion history
- Company policies (especially anti-discrimination policy)
- Witness contact information and statements
- Medical records (if discrimination caused health issues)
- Photos or recordings (if legally obtained)
- Respond promptly: When the investigator requests information, provide it quickly. Delays slow down your case
- Review the position statement carefully: Identify factual inaccuracies and inconsistencies you can point out in your rebuttal
- Identify comparators: Point the investigator to employees outside your protected class who were treated more favorably
- Stay in contact: Check in with your investigator periodically to monitor progress
- Keep documenting: If discrimination or retaliation continues during the investigation, report it to the investigator
- Consider requesting early Right to Sue: If you want to move faster, you can request a Right to Sue letter after 180 days
The EEOC offers free mediation as an alternative to investigation. Mediation is:
- Voluntary: Both parties must agree to participate
- Confidential: Nothing said in mediation can be used later if it fails
- Free: The EEOC provides the mediator at no cost
- Faster: Mediation sessions typically last 3-4 hours and can resolve cases in a single day
A trained, neutral mediator facilitates discussion between you and your employer to explore settlement options. The mediator does not decide who is right or wrong -- they help the parties find common ground.
About 75% of EEOC mediations result in settlement. If mediation fails, your case continues through the normal investigation process.
When Offered: Usually early in the process, often before investigation begins
Session Duration: Typically 3-4 hours
If Successful: Case closes with signed settlement agreement
If Unsuccessful: Case returns to investigation track
- Know your bottom line: Decide in advance the minimum you'll accept
- Prepare your opening statement: Be ready to explain your case clearly and concisely
- Bring documentation: Have key evidence available to support your position
- Be flexible: Consider non-monetary remedies (reference letter, policy changes, training)
- Stay calm and professional: Emotional outbursts undermine your credibility
- Consider an attorney: While not required, having legal representation can strengthen your negotiating position
After completing its investigation, the EEOC issues a determination. There are three possible outcomes:
1. Cause Finding (Discrimination Found)
The EEOC concludes there is reasonable cause to believe discrimination occurred. The EEOC will attempt conciliation (settlement negotiations) with your employer. If conciliation fails, the EEOC may file suit on your behalf (rare) or issue a Right to Sue letter.
2. No Cause Finding (Insufficient Evidence)
The EEOC concludes there is insufficient evidence to establish discrimination. You receive a "Dismissal and Notice of Rights" (Right to Sue letter) allowing you to file a federal lawsuit within 90 days.
3. Dismissal
The charge is dismissed for procedural or jurisdictional reasons (e.g., filed too late, employer too small, charge lacks sufficient detail). You still receive a Right to Sue letter.
An EEOC "no cause" finding does not mean you cannot win in court. Many successful lawsuits proceed after EEOC dismissals. The EEOC finding is not binding on federal courts, and you may present additional evidence in litigation.
When Issued: After investigation is complete (typically 10-18 months after filing)
If Cause Finding: EEOC attempts conciliation for 30-60 days before issuing Right to Sue
If No Cause/Dismissal: Right to Sue letter issued immediately with determination
The "Notice of Right to Sue" (commonly called a Right to Sue letter) is the EEOC's formal authorization for you to file a lawsuit in federal court. You receive this letter either:
- Automatically, when the EEOC issues its determination (cause, no cause, or dismissal)
- Upon request, after your charge has been pending for at least 180 days
The letter arrives by mail to the address on file with the EEOC. The 90-day lawsuit deadline begins when you (or your attorney) receive the letter. Keep the envelope showing the postmark date as proof of when you received it.
You have exactly 90 days from receiving the Right to Sue letter to file your complaint in federal court. This deadline is strictly enforced. Missing it by even one day can result in your case being dismissed. If you're approaching the deadline, consult an attorney immediately or file a basic complaint to preserve your rights.
When You Can Request Early Right to Sue: After 180 days from filing your charge
Deadline to File Lawsuit: 90 days from receiving the Right to Sue letter
Important Dates to Track:
- Date you received the letter (save the envelope)
- 90-day deadline (calculate immediately upon receipt)
Filing a federal lawsuit is a significant step that typically requires attorney representation. The federal court process includes:
- Filing the Complaint: A formal legal document outlining your claims, the facts supporting them, and the relief you seek
- Service of Process: Your employer must be formally served with the lawsuit
- Employer's Answer: The employer files a response admitting or denying your allegations
- Discovery: Both sides exchange documents, take depositions, and gather evidence
- Motions: The employer may file a motion to dismiss or motion for summary judgment
- Trial: If the case isn't resolved through motion or settlement, it proceeds to trial
Federal employment discrimination cases typically take 2-4 years from filing to resolution. Most cases settle before trial.
Filing Deadline: 90 days from receiving Right to Sue letter
Typical Case Duration: 2-4 years
Key Milestones:
- Discovery: 6-12 months after filing
- Summary judgment motions: 12-18 months after filing
- Trial (if not settled): 2-4 years after filing
- Consult an attorney: Federal litigation is complex. Most employment attorneys work on contingency (no fee unless you win)
- Act quickly: Don't wait until the last minute to find an attorney. The 90-day deadline is unforgiving
- Consider all claims: Your attorney may identify additional claims under state law or other federal statutes
- Preserve evidence: Continue documenting and preserve all relevant communications
- Be realistic: Discuss likely outcomes, timelines, and costs with your attorney before proceeding
The average EEOC investigation takes 10-18 months from filing to determination. Complex cases involving multiple allegations, large employers, or systemic discrimination may take 2-3 years. The EEOC's backlog varies by district office, with some offices processing cases faster than others. You can request a Right to Sue letter after 180 days if you want to proceed to federal court without waiting for the EEOC determination.
Yes, you can withdraw your EEOC charge at any time before the agency issues a determination. Submit a written request to withdraw to the EEOC office handling your charge. Be aware that withdrawing may waive your right to file a federal lawsuit based on that charge unless you request a Right to Sue letter before withdrawing. Withdrawing is common when parties settle privately.
If the EEOC issues a "no cause" or "dismissal" determination, you still have the right to sue. The EEOC will issue a Right to Sue letter (also called a Dismissal and Notice of Rights), giving you 90 days to file a federal lawsuit. Many successful discrimination lawsuits proceed after EEOC dismissals. The EEOC finding is not binding on courts, and you can present additional evidence in litigation that may not have been available during the EEOC investigation.
No, you do not need a lawyer to file an EEOC charge. The process is designed for individuals to navigate without legal representation. EEOC staff can help you complete the charge form during an intake interview. However, having an attorney can strengthen your charge narrative, ensure you include all relevant claims, help with evidence preservation, and prepare you for potential settlement negotiations or litigation.
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