Employment Law · Federal
How to File an EEOC Workplace Discrimination Charge
A practical introduction to protected characteristics, filing deadlines, documentation, the EEOC intake process, and what may happen after a charge is filed.
What an EEOC charge does
A Charge of Discrimination is a signed statement alleging that an employer, union, or employment agency engaged in unlawful workplace discrimination. For most laws enforced by the EEOC, a person generally must file a charge before bringing an employment discrimination lawsuit in federal court.
Federal protections may cover discrimination based on race, color, religion, sex, national origin, age for workers 40 or older, disability, or genetic information. Retaliation for opposing discrimination or participating in an EEO matter may also be prohibited.
Pay attention to the deadline
The general EEOC filing period is 180 calendar days from the discriminatory act. It may extend to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis. Age claims use a more specific extension rule.
Federal employees and applicants use a different process and generally must contact an agency EEO Counselor within 45 days. Equal Pay Act claims also follow different rules. Because the correct period depends on the claim and location, do not assume the longest period applies.
Prepare the facts
Create a clear timeline identifying what happened, who was involved, when the employer learned about the issue, and how the employer responded. Preserve documents lawfully and avoid altering original records.
- Employment offer, handbook, policies, and job description
- Relevant emails, messages, reviews, warnings, and schedules
- Names of potential witnesses and comparable employees
- Pay records and a chronology of important events
After filing
The EEOC notifies the employer and may offer mediation, investigate, request information, or dismiss a charge while providing notice of legal rights. Filing does not guarantee a finding in the employee’s favor.
An employment lawyer can help evaluate overlapping federal, state, and local claims, preserve deadlines, and explain the consequences of settlement or release documents.