While you are not legally required to file an internal complaint before filing with the EEOC, it is generally recommended. Filing internally first creates a paper trail showing your employer was aware of the issue and had an opportunity to address it. Many courts view this favorably, and some company policies require it.
However, if you fear retaliation or believe HR is complicit, you may file directly with the EEOC. The EEOC filing deadline (typically 180 or 300 days depending on your state) runs from the date of the discriminatory act, not from when you file internally.
No. Federal law (Title VII, ADA, ADEA) and most state laws prohibit employers from retaliating against employees who file good-faith complaints about discrimination, harassment, or other unlawful conduct. Retaliation can include termination, demotion, reduced hours, negative performance reviews, transfer to undesirable assignments, or creating a hostile work environment.
If you experience retaliation after filing a complaint, document it carefully and consider filing a separate retaliation charge with the EEOC.
A strong internal complaint letter should include: your identifying information (name, position, department), a clear description of the type of complaint (discrimination, harassment, etc.), specific incidents with dates, times, locations, and witnesses, any evidence you have (emails, texts, documents), prior reports you have made about the issue, how the conduct has affected your work and well-being, and what specific actions you are requesting (investigation, transfer, etc.).
Keep the tone professional and factual, and request written acknowledgment of receipt.
While there is no single federal deadline requiring employers to respond within a specific number of days, best practices and many company policies call for acknowledging receipt within 3 to 5 business days and beginning an investigation promptly. The EEOC recommends that employers complete investigations within a reasonable timeframe, typically 30 days for straightforward complaints.
If your employer fails to respond or investigate, this failure itself may support a claim of negligence or a hostile work environment, and you should consider escalating to the EEOC.
Absolutely. Always keep personal copies of your complaint letter, any acknowledgment of receipt, all supporting evidence (emails, texts, photos, recordings where legal), and notes from any meetings or conversations about your complaint. Store these copies outside of your work computer or systems, as you may lose access if terminated.
This documentation is critical if you later need to file an EEOC charge or pursue legal action. Use a personal email or cloud storage to maintain your records securely.