Immediate Deadlines
- File EEOC charge:180 days from discriminatory act (300 days in deferral states like CA, NY)
- File state agency complaint (often longer deadlines):1-3 years depending on state (CA DFEH: 3 years)
- Federal lawsuit after EEOC right-to-sue letter:Within 90 days of receiving the letter
Documents You'll Need
- Employee handbook and any written policies
- Performance reviews, raises, promotions history
- Emails, texts, and other communications with managers and HR
- Pay stubs and W-2s (for pay discrimination claims)
- Names and contact info of witnesses and similarly-situated comparators
- Notes documenting each discriminatory incident (dates, times, witnesses, words used)
- Medical records (for disability or pregnancy claims)
Step-by-Step
Identify the protected characteristic and the adverse action
Discrimination claims require a 'protected class' (race, sex, age 40+, disability, religion, national origin, pregnancy, genetic information, and in many states sexual orientation, gender identity, marital status). And an 'adverse action': termination, demotion, denial of promotion, harassment, pay disparity, denied accommodation. Connecting the two — a causal link — is the heart of every claim.
Document everything contemporaneously
Keep a private journal (at home, not on work devices) with dates, times, locations, what was said or done, who was present, and how it affected you. Forward important work emails to your personal account where allowed by policy. Take screenshots of texts and messaging apps. Memories fade and stories shift — contemporaneous notes have evidentiary weight that recreated memories don't.
Use the internal complaint process
Most employers' handbooks include a harassment/discrimination reporting policy. Report in writing (email creates a record) to HR or the designated officer. The employer's response — or failure to respond — becomes important evidence. Internal reporting is required to preserve some claims (e.g., the Faragher/Ellerth defense in supervisor harassment cases is rebutted by failure to use internal channels).
File a charge with the EEOC (or state agency)
Before suing in federal court under Title VII, ADA, ADEA, or GINA, you must file a charge with the EEOC within 180 days (300 days if your state has a parallel deferral agency like California DFEH, New York DHR). You can file online at EEOC.gov, by mail, or in person. The charge identifies the employer, the discriminatory acts, and the protected basis. Filing is free.
Cooperate with investigation and mediation
EEOC will notify the employer and may offer free mediation. Many cases settle here. If mediation fails, the EEOC investigates: interviews witnesses, reviews documents, may visit the workplace. Investigations typically take 6-10 months. You can request a Right to Sue letter at any time after 180 days even if the investigation is incomplete.
Get a Right to Sue letter and file the lawsuit
After investigation (or upon request), the EEOC issues a Notice of Right to Sue. You then have exactly 90 days to file in federal court — miss this deadline and the claim is dead. The complaint should plead the federal causes of action and any state-law claims (which often have longer deadlines and stronger remedies). Filing fees: $405 federal court, with fee waivers available.
Litigate through discovery, motions, and trial or settle
Federal employment cases follow normal civil discovery: depositions, document production, interrogatories, expert witnesses (often a damages expert). The employer will likely file a Motion for Summary Judgment arguing no reasonable jury could find for you — surviving summary judgment is the key milestone. Most cases settle before trial; trials typically occur 18-30 months after filing.
How This Varies by State
Employer size thresholds differ: Title VII applies to employers with 15+ employees; ADEA 20+; FMLA 50+. State laws often apply to smaller employers: California FEHA covers employers with 5+ employees, New York covers 4+, and many state laws have no minimum for harassment claims. California has a 3-year statute of limitations under FEHA (extended from 1 year in 2020). New York City Human Rights Law has the broadest protections in the country. Some states cap damages; federal Title VII caps compensatory and punitive damages at $50K-$300K depending on employer size.
Federal Law Considerations
Federal employees follow different procedures — contact an EEO counselor within 45 days, then file a formal complaint within 15 days. Military service members have separate USERRA protections. Federal contractors face additional OFCCP rules. The Pregnant Workers Fairness Act (effective 2023) requires accommodations for pregnancy and related conditions. The PUMP Act expanded lactation accommodation rights. The Supreme Court's Bostock decision (2020) confirmed that sex discrimination under Title VII includes sexual orientation and gender identity.
Common Mistakes to Avoid
- Missing the 180/300-day EEOC deadline — claim is permanently barred
- Quitting before filing — may forfeit constructive discharge claims
- Posting about the dispute on social media (becomes evidence against you)
- Failing to use the employer's internal complaint process
- Signing a severance agreement without reading the waiver of claims
Official Resources
Related Resources on This Site
Forms
- eeoc charge
- discrimination complaint
When to Get a Lawyer
- Any termination or significant adverse action
- Before signing a severance agreement with waivers
- If you've been threatened or retaliated against
- Complex cases involving multiple protected categories or class action potential
Frequently Asked Questions
Can I be fired for filing a charge?
Do I have to file with the EEOC before suing?
How much can I recover?
What is a 'reasonable accommodation'?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.