Free Evaluation
Free Evaluation

How to File an EEOC Complaint: Complete Guide to Reporting Discrimination (2025)

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. If you believe you’ve experienced discrimination at work, filing an EEOC charge is often the first step toward legal recourse.

This comprehensive guide explains how to file an EEOC complaint, including deadlines, procedures, and what to expect after filing.

What Is the EEOC?

The EEOC is a federal agency that enforces laws prohibiting:

  • Race, color, or national origin discrimination (Title VII)
  • Sex discrimination (Title VII, including sexual harassment and pregnancy discrimination)
  • Religious discrimination (Title VII)
  • Age discrimination (Age Discrimination in Employment Act – for workers 40+)
  • Disability discrimination (Americans with Disabilities Act)
  • Genetic information discrimination (Genetic Information Nondiscrimination Act)
  • Retaliation for opposing discrimination or participating in an EEOC proceeding

Who Can File an EEOC Charge?

You can file an EEOC charge if:

  • You are (or were) an employee of the company
  • The employer has 15 or more employees (20+ for age discrimination)
  • The discrimination occurred within the filing deadline (typically 180-300 days)
  • You experienced discrimination based on a protected characteristic

Filing Deadlines (Critical)

You must file within strict deadlines or lose your right to sue:

Situation Deadline
Most states 180 days from discriminatory act
States with fair employment agencies 300 days from discriminatory act
Continuing violation 180/300 days from last act

Missing the deadline bars you from filing a federal lawsuit. File as soon as possible.

Step-by-Step: How to File an EEOC Charge

Step 1: Gather Your Information

Before filing, collect:

  • Employer information: Name, address, number of employees
  • Dates: When did the discrimination occur?
  • Description of discrimination: What happened? Who was involved?
  • Protected characteristic: Race, sex, age, disability, etc.
  • Contact information: Your current address, phone, email
  • Supporting documents: Emails, performance reviews, witness names

Step 2: Contact the EEOC

You have several options to initiate a charge:

Option A: Online Intake Questionnaire

Option B: Call the EEOC

  • National: 1-800-669-4000
  • TTY: 1-800-669-6820
  • Request to file a charge

Option C: Visit an EEOC Office

Step 3: Complete the Intake Interview

An EEOC representative will interview you about your charge. Be prepared to:

  • Describe what happened in detail
  • Explain why you believe it was discrimination
  • Provide dates and names of witnesses
  • Identify which protected characteristic applies

The EEOC will help you determine if your claim falls under their jurisdiction.

Step 4: Submit Your Formal Charge

After the interview, you’ll submit a formal “Charge of Discrimination” that includes:

  • Your identifying information
  • Employer information
  • Description of discriminatory acts
  • The law(s) you believe were violated
  • Your signature (electronic or physical)

The EEOC may help you draft this document.

Step 5: EEOC Notifies Your Employer

Within 10 days of filing, the EEOC will:

  • Notify your employer of the charge
  • Provide your employer a copy (with limited personal info redacted)
  • Request the employer’s response

Your employer cannot retaliate against you for filing an EEOC charge.

What Happens After You File?

Investigation Phase

The EEOC may:

  1. Request information from you and your employer
  2. Interview witnesses
  3. Review documents (emails, policies, personnel files)
  4. Visit the workplace (in some cases)

This process can take 6 months to over a year.

Mediation Option

The EEOC may offer voluntary mediation:

  • Free service provided by the EEOC
  • Neutral mediator helps negotiate settlement
  • Faster than investigation (typically 90 days)
  • Either party can decline mediation

If mediation fails, the investigation continues.

Possible Outcomes

After investigating, the EEOC will issue one of these determinations:

1. Cause Determination

Meaning: EEOC found reasonable cause to believe discrimination occurred

What happens:

  • EEOC attempts conciliation (settlement negotiations)
  • If conciliation fails, EEOC may sue on your behalf (rare)
  • If EEOC doesn’t sue, you receive a “Right to Sue” letter

2. No Cause Determination

Meaning: EEOC didn’t find sufficient evidence of discrimination

What happens:

  • You receive a “Dismissal and Notice of Rights” (Right to Sue letter)
  • You can still file a lawsuit in federal court
  • You have 90 days from receiving the letter to file suit

3. No Cause with Insufficient Evidence

Meaning: EEOC couldn’t determine whether discrimination occurred

What happens:

  • You receive a Right to Sue letter
  • You can file a lawsuit

Right to Sue Letter

The Right to Sue letter allows you to:

  • File a federal discrimination lawsuit
  • Hire a private attorney to represent you
  • Seek damages through court

Critical: You have only 90 days from receiving the letter to file your lawsuit in federal court.

Can You Request an Immediate Right to Sue?

Yes. After 180 days, you can request the EEOC issue an immediate Right to Sue letter, ending their investigation. This allows you to:

  • Proceed directly to federal court
  • Avoid waiting for EEOC investigation to conclude

What Damages Can You Recover?

If you win your case (through EEOC settlement or lawsuit), you may receive:

Economic Damages

  • Back pay: Lost wages from discrimination to resolution
  • Front pay: Future lost wages (if not reinstated)
  • Lost benefits: Health insurance, retirement contributions

Non-Economic Damages

  • Compensatory damages: Emotional distress, mental anguish
  • Punitive damages: To punish egregious discrimination (capped based on employer size)

Other Remedies

  • Reinstatement: Getting your job back
  • Promotion: If denied due to discrimination
  • Policy changes: EEOC may require employer to change practices
  • Attorney’s fees: Employer may pay your legal costs

State vs Federal Filing (Dual Filing)

Many states have their own anti-discrimination agencies. When you file with the EEOC, they often automatically dual-file with the state agency, extending your deadline to 300 days.

Dual filing benefits:

  • Longer filing deadline (300 days instead of 180)
  • State law protections in addition to federal
  • State agency may investigate in parallel

Tips for a Successful EEOC Charge

Do:

  • ✓ File as soon as possible (don’t wait until deadline)
  • ✓ Be detailed and specific in your description
  • ✓ Keep copies of all documents
  • ✓ Respond promptly to EEOC requests for information
  • ✓ Consider consulting an attorney

Don’t:

  • ✗ Exaggerate or lie (undermines credibility)
  • ✗ File a frivolous charge (can have consequences)
  • ✗ Miss deadlines for providing information
  • ✗ Ignore EEOC communications
  • ✗ Assume the EEOC will handle everything (be proactive)

Do You Need a Lawyer?

You don’t need a lawyer to file an EEOC charge, but consider consulting one if:

  • Your case is complex
  • You’re unsure if your situation qualifies
  • You want to maximize your potential recovery
  • Your employer has already hired lawyers
  • You plan to file a lawsuit after the EEOC process

Many employment attorneys offer free consultations and work on contingency (only paid if you win).

Retaliation Protection

Federal law prohibits retaliation for filing an EEOC charge.

Your employer cannot:

  • Fire you for filing a charge
  • Demote or reduce your pay
  • Harass or create a hostile environment
  • Threaten you for filing

If retaliation occurs, file a new EEOC charge for retaliation.

Frequently Asked Questions

How long does the EEOC process take?
Investigations typically take 6-12 months, but complex cases can take longer. Mediation is faster (90 days).

Will my employer find out I filed?
Yes. The EEOC notifies your employer within 10 days, but some personal information is redacted.

Can I file anonymously?
No. You must identify yourself and your employer in the charge.

What if I’m no longer employed there?
You can still file a charge. Many charges are filed after termination.

Can I file against a former employer?
Yes, as long as you file within the deadline (180-300 days from the last discriminatory act).

What if I signed an arbitration agreement?
You can still file an EEOC charge. Arbitration agreements don’t prevent EEOC filing, though they may affect your ability to sue in court.

Additional Resources

EEOC Contact Information:

  • Website: eeoc.gov
  • Phone: 1-800-669-4000
  • TTY: 1-800-669-6820

Find Your Local EEOC Office:
eeoc.gov/field-office

EEOC Charge Filing Portal:
publicportal.eeoc.gov

Related Topics

By State

EEOC Offices by State

Discrimination Topics

Related Processes

Need help evaluating your case? Consult with an employment attorney who can assess whether filing an EEOC charge is the right step for your situation.

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Employment laws are complex and vary by situation. For advice specific to your circumstances, consult a licensed employment attorney. Employment Law Aid is not a law firm and does not provide legal representation.