How to File an EEOC Complaint (Step-by-Step) (2026)

If you faced discrimination, harassment, or retaliation, filing with the EEOC preserves your federal rights and deadlines. Here’s a practical, step-by-step guide.

Who Can File and What EEOC Covers

• Federal laws: Title VII, ADA, ADEA, EPA, GINA
• Most private employers with 15+ employees (20+ for ADEA)
• Discrimination/harassment based on a protected characteristic, or retaliation for reporting/participating

See: EEOC Hub • EEOC Retaliation

Step 1: Start with the EEOC Online Portal (or Local Office)

• Portal: https://www.eeoc.gov/filing
• Create an account; complete the Intake Questionnaire (Form 283)
• Upload initial documents (see below)
• You can also start by mail or at an EEOC office: see EEOC Offices

Step 2: Gather Documents and Evidence

Bring or upload:

• Timeline of what happened (dates, locations)
• Emails, texts, messages, photos, screenshots
• Written policies, handbooks, performance reviews
• Names/contact info of witnesses
• Pay records if pay/benefits are involved

Related: How to Prove Discrimination at Work (site page) and EEOC Investigation Timeline

Step 3: Intake Interview and Charge Drafting

• EEOC staff reviews your intake to confirm coverage and deadlines
• If appropriate, they will prepare a Charge of Discrimination for your signature
• Dual-filing with a state agency may occur automatically in some states

Step 4: Deadlines Matter (180/300 Days)

• File within 180 days, or 300 days if a state/local FEPA applies
• Do not wait—evidence is easier to gather early

Learn more: EEOC Deadlines

Step 5: After You File

• Employer notification and response
• Optional mediation (fast, confidential)
• Investigation (document requests, interviews)
• Determination (cause/no cause)
• Right-to-sue letter (starts a 90-day court filing window)

More detail: Investigation Timeline • Mediation • Right to Sue Letter

Tips to Strengthen Your Case

• Keep a contemporaneous log of incidents
• Save evidence outside of your work systems
• Be consistent and concise in your statements
• Avoid social media posts about your case

FAQs

• Do I need a lawyer to file? No, but legal advice can help maximize your outcome
• Can I file anonymously? No—employers are notified of the charge
• Can I add retaliation later? Yes, you can amend the charge

What to Bring (Checklist)

• Government ID and up-to-date contact information
• Employer name, address, and approximate number of employees
• Dates of discrimination/harassment/retaliation (timeline)
• Evidence: emails, texts, screenshots, write-ups, pay records
• Names and contact info for witnesses

FAQs

• Can I amend my charge later? Yes—add incidents (like retaliation) using the portal.
• Can I withdraw a charge? You may request withdrawal; the EEOC will decide.
• Do I need to go in person? No—most start via the online portal; offices can assist by appointment.
• How long will it take? Timelines vary; many cases resolve at mediation or after position statements.

Sources

• File a Charge: https://www.eeoc.gov/filing/charge-of-discrimination
• What happens after filing: https://www.eeoc.gov/charge/after
• Position Statements: https://www.eeoc.gov/position-statements
• Time Limits: https://www.eeoc.gov/time-limits

Disclaimer: This page provides general information, not legal advice. Laws change and vary by state. Consult a licensed employment attorney for advice about your situation.