Filing an EEOC Complaint: Step-by-Step Guide

If you've experienced workplace discrimination, the Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates these complaints. This guide walks you through the entire process, from deciding whether to file to what happens after.

Important: Filing deadlines are strict. Don't delay if you believe you have a claim.

What the EEOC Covers

Types of Discrimination

The EEOC handles discrimination based on:

• Race and color
• National origin
• Religion
• Sex (including pregnancy, sexual orientation, gender identity)
• Age (40 and older)
• Disability
• Genetic information
• Retaliation for complaining about discrimination

Covered Employers

EEOC jurisdiction applies to:

• Private employers with 15+ employees (20+ for age)
• Federal government agencies
• State and local governments
• Employment agencies
• Labor unions

What's NOT Covered

• Employers with fewer than 15 employees (use state agency instead)
• Independent contractors
• Domestic workers in private homes
• Some religious organizations (limited exemptions)

Before You File

Assess Your Claim

Ask yourself:

• What type of discrimination occurred?
• When did it happen? (deadlines are strict)
• What evidence do I have?
• Were others treated differently?
• Did I report it internally?

Gather Documentation

Collect:

• Employment records (offer letter, reviews, pay stubs)
• Communications (emails, texts, written warnings)
• Witness information (names, contact info)
• Timeline of events
• Company policies that were violated
• Any evidence of discriminatory comments or actions

Consider Timing

Deadlines:

• 180 days from discriminatory act in most states
• 300 days if your state has a Fair Employment Practices Agency (FEPA)
• Deadlines are strict — late filings are dismissed

Check your state — many have their own agencies that extend the deadline.

Filing Process

Step 1: Contact the EEOC

Options:

• Online: EEOC Public Portal (publicportal.eeoc.gov)
• Phone: 1-800-669-4000
• In person: Local EEOC office

Initial inquiry:

• Can be done online or by phone
• EEOC will assess if your claim is within jurisdiction
• You'll get an appointment for an intake interview

Step 2: Intake Interview

What happens:

• EEOC staff reviews your situation
• They'll ask detailed questions about what happened
• They'll assess whether your claim is covered
• This can be in person, by phone, or video

Bring to your interview:

• All documentation you've gathered
• Timeline of events
• List of witnesses
• Any evidence of discrimination

Step 3: File Your Charge

The charge of discrimination includes:

• Your contact information
• Employer's information
• Description of discriminatory actions
• Dates of discrimination
• Basis for complaint (race, sex, age, etc.)

Signing requirements:

• Must be signed under oath
• Can be filed by your attorney
• Must be timely (within deadline)

Step 4: Employer Notification

What happens:

• EEOC notifies employer of the charge
• Employer receives copy of your charge
• Employer has opportunity to respond
• This is called the "respondent's position statement"

Investigation Process

What the EEOC Does

Investigation activities:

• Reviews your charge and employer's response
• May request additional information from both sides
• May interview witnesses
• May review documents
• May visit the workplace (rarely)

How Long It Takes

Timeline:

• Investigations average 10 months
• Can take up to several years
• Priority cases may be faster
• Simple cases may settle quickly

Possible Outcomes

After investigation, EEOC may:

1. Find reasonable cause — EEOC believes discrimination occurred

   • Attempts conciliation (settlement)
   • May file lawsuit on your behalf (rare)
   • Issues right to sue letter if no resolution

2. Find no reasonable cause — Insufficient evidence

   • Issues right to sue letter
   • You can still sue, but it's harder

3. Dismiss the charge — Various reasons

   • Procedural issues
   • Lack of jurisdiction
   • Issues right to sue letter

Mediation Option

EEOC mediation:

• Voluntary for both parties
• Neutral mediator facilitates discussion
• Can result in faster resolution
• Settlement is confidential
• If unsuccessful, investigation continues

Advantages of mediation:

• Faster than investigation
• More control over outcome
• Can get creative remedies
• Avoids lengthy process

After the EEOC Process

Right to Sue Letter

This letter:

• Allows you to file a federal lawsuit
• Is issued when EEOC is done
• Can be requested before investigation is complete

After receiving right to sue letter:

• 90 days to file lawsuit in federal court
• This deadline is strict
• Must hire attorney or file yourself

What You Can Recover

Potential remedies:

• Back pay and lost benefits
• Reinstatement or front pay
• Compensatory damages (emotional distress)
• Punitive damages (for intentional discrimination)
• Attorney's fees
• Policy changes

Damage caps (compensatory + punitive):

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• 500+ employees: $300,000

Note: Back pay has no cap.

Tips for a Stronger Case

Documentation Best Practices

Do:

• Keep contemporaneous notes (written at the time)
• Save emails and messages
• Note dates, times, witnesses
• Keep copies at home

Don't:

• Wait until later to write things down
• Embellish or exaggerate
• Share your complaint with everyone at work
• Post about it on social media

Building Your Case

Stronger claims have:

• Direct evidence (discriminatory statements)
• Pattern of discrimination
• Comparative evidence (others treated differently)
• Good documentation
• Witnesses who will cooperate

Weaker claims have:

• Only timing as evidence
• No comparative evidence
• Performance issues before protected class became issue
• Lack of documentation

Common Mistakes to Avoid

• Missing the filing deadline
• Not documenting events promptly
• Quitting before filing (may hurt your case)
• Discussing case publicly
• Not being completely truthful with EEOC
• Expecting quick resolution

State Agencies (FEPAs)

What Are FEPAs?

Fair Employment Practices Agencies:

• State-level discrimination agencies
• Many have work-sharing agreements with EEOC
• Filing with one may automatically file with other
• May have different deadlines and procedures

Advantages of State Filing

State agencies may offer:

• Longer filing deadlines
• Coverage for smaller employers
• Additional protected classes
• Different remedies
• Faster processing

Dual Filing

How it works:

• File with EEOC and state simultaneously
• Agencies share information
• One usually takes the lead
• You maintain rights with both

When to Get an Attorney

Consider an Attorney If:

• Your case is complex
• Significant damages are at stake
• Employer has attorneys
• You've received a right to sue letter
• You're confused about the process

How Attorneys Help

Employment attorneys can:

• Evaluate strength of your case
• Meet filing deadlines
• Handle the EEOC process
• Negotiate settlements
• File lawsuit if necessary

Finding an Attorney

Resources:

• State bar lawyer referral services
• National Employment Law Project
• EEOC referral list
• NELA (National Employment Lawyers Association)

Fee arrangements:

• Many work on contingency (no upfront cost)
• Collect percentage of recovery
• Free initial consultations common

Common Questions

Will my employer find out I filed?

Yes, employers are notified and receive a copy of your charge. Retaliating against you for filing is illegal.

Can I file if I quit?

Yes, you can file after leaving. However, if you quit before facing an adverse action (like firing), it may weaken your case.

What if the EEOC finds no cause?

You can still sue. You'll receive a right to sue letter and have 90 days to file. Many successful lawsuits follow "no cause" findings.

Can I settle before investigation is complete?

Yes, you can settle at any point. The employer may offer settlement to avoid investigation.

What if I can't afford an attorney?

Many employment attorneys work on contingency. The EEOC may also take your case if it has significant merit.

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Key Takeaways

1. Deadlines are strict — 180 or 300 days depending on state
2. Document everything — Evidence is crucial
3. EEOC process takes time — Average 10 months
4. Mediation is an option — May resolve faster
5. Right to sue letter — Gives you 90 days to file lawsuit
6. Consider an attorney — Free consultations are common

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Related Resources:

• Workplace Retaliation →
• Age Discrimination →
• Wrongful Termination →
• Laid Off While Pregnant →