How to File an EEOC Discrimination Complaint

How to File an EEOC Discrimination Complaint

If you believe you have experienced workplace discrimination based on a protected characteristic, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws prohibiting employment discrimination, and filing a charge is often a prerequisite to filing a federal lawsuit.

What the EEOC Covers

The EEOC enforces several federal anti-discrimination laws:

Title VII of the Civil Rights Act of 1964 — Prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Applies to employers with 15 or more employees.

Age Discrimination in Employment Act (ADEA) — Prohibits discrimination against employees aged 40 and older. Applies to employers with 20 or more employees.

Americans with Disabilities Act (ADA) — Prohibits discrimination based on disability and requires reasonable accommodations. Applies to employers with 15 or more employees.

Equal Pay Act (EPA) — Requires equal pay for equal work regardless of sex. Applies to virtually all employers.

Genetic Information Nondiscrimination Act (GINA) — Prohibits discrimination based on genetic information. Applies to employers with 15 or more employees.

Pregnant Workers Fairness Act (PWFA) — Requires employers to provide reasonable accommodations for pregnancy-related conditions. Applies to employers with 15 or more employees.

Types of Prohibited Conduct

Discrimination takes many forms:

Disparate treatment — Treating someone less favorably because of a protected characteristic (refusing to hire, firing, denying a promotion, unequal pay).

Harassment — Unwelcome conduct based on a protected characteristic that creates a hostile work environment or results in a tangible employment action. This includes sexual harassment.

Retaliation — Punishing an employee for filing a complaint, participating in an investigation, or opposing discriminatory practices.

Failure to accommodate — Refusing to provide reasonable accommodations for disability or religion.

Disparate impact — Policies that appear neutral but disproportionately affect a protected group without a legitimate business justification.

Step 1: Document Everything

Before filing, build your record:

Keep a detailed log — Record every incident of discrimination, including dates, times, locations, what was said or done, and who was present.

Save communications — Preserve emails, text messages, voicemails, performance reviews, and any other written documentation.

Note witnesses — Identify coworkers or others who witnessed discriminatory conduct.

Report internally first — Many employers have internal complaint procedures. Using them shows you gave the employer an opportunity to address the issue and may be relevant to your case.

Preserve evidence of retaliation — If adverse actions occur after your internal complaint, document the timing and nature of those actions.

Step 2: File a Charge of Discrimination

You can file a charge with the EEOC in three ways:

Online — Through the EEOC Public Portal at publicportal.eeoc.gov. You can submit an inquiry, schedule an interview, and file a charge entirely online.

In person — Visit your nearest EEOC field office. You can find office locations at eeoc.gov.

By mail — Send a signed letter containing your name, address, and phone number; the employer's name, address, and phone number; number of employees; a short description of the events you believe are discriminatory; and the dates of the events.

Step 3: Meet the Filing Deadline

Timing is critical:

180 days — You generally must file within 180 calendar days of the discriminatory act.

300 days — The deadline is extended to 300 days if a state or local fair employment practices agency (FEPA) also has jurisdiction. Most states have a FEPA.

Continuing violations — If the discrimination is ongoing (such as a hostile work environment), the deadline is measured from the most recent incident.

EPA claims — Equal Pay Act claims have a two-year statute of limitations (three years for willful violations) and do not require filing an EEOC charge first.

Step 4: The EEOC Investigation Process

After you file a charge:

Notification to employer — The EEOC notifies the employer within 10 days and provides a copy of the charge.

Mediation offer — The EEOC may offer free mediation, a voluntary process where a neutral mediator helps the parties reach a resolution. If both parties agree and mediation is successful, the case is closed.

Investigation — If mediation is declined or unsuccessful, the EEOC investigates the charge. This may include requesting documents from the employer, interviewing witnesses, and visiting the workplace.

Determination — The EEOC issues a determination finding either reasonable cause or no reasonable cause to believe discrimination occurred.

Step 5: Possible Outcomes

Settlement — The case may be resolved through a negotiated settlement at any point during the process.

Conciliation — If the EEOC finds reasonable cause, it attempts to resolve the charge through conciliation (negotiation between the EEOC, the charging party, and the employer).

Right to sue letter — If the EEOC does not resolve the charge, it issues a Notice of Right to Sue. You then have 90 days to file a lawsuit in federal court.

EEOC lawsuit — In rare cases, the EEOC itself files a lawsuit on your behalf.

Remedies Available

If discrimination is proven, available remedies include:

Back pay — Compensation for lost wages and benefits.

Front pay — Future lost earnings if reinstatement is not feasible.

Reinstatement or hiring — Being restored to the position you would have held.

Compensatory damages — Compensation for emotional distress and other harm.

Punitive damages — Punishment for particularly egregious conduct (capped based on employer size under Title VII).

Attorneys' fees and costs — The employer may be ordered to pay your legal fees.

Policy changes — The employer may be required to change discriminatory policies and provide training.

Disclaimer: This guide provides general information about the EEOC complaint process. Employment discrimination cases are complex, and consulting an employment attorney is strongly recommended.