Employment Law · Federal
How to File an EEOC Complaint: Step-by-Step Guide
Learn how to start an EEOC complaint, prepare your timeline and evidence, protect filing deadlines, and understand what happens after submission.
Confirm whether the EEOC is the right agency
The Equal Employment Opportunity Commission enforces federal laws prohibiting discrimination and retaliation in employment. Common protected bases include race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age for people 40 and older, disability, genetic information, and retaliation for asserting workplace rights. Not every unfair workplace decision violates federal law. The facts must connect the decision to a protected basis or protected activity.
Some claims belong with another agency or involve overlapping state and local laws. Federal employees and applicants generally use a different EEO process than private-sector employees. The EEOC’s online assessment tool can help identify a starting point, but it is not a legal ruling.
Check the deadline before writing the complaint
For many private-sector charges, the deadline is 180 calendar days from the discriminatory act. It can extend to 300 days where a state or local agency enforces a similar prohibition. The rule varies by claim and location. Federal employees generally must contact an agency EEO counselor within 45 days. A continuing hostile-work-environment claim may be analyzed differently from a single termination or pay decision.
Do not wait for an internal investigation, severance discussion, or promised promotion review if a deadline is running. Write down the date of each event and contact the EEOC or a lawyer promptly. Filing an internal complaint may not stop an EEOC deadline.
Prepare a clear timeline and evidence
Create a chronological record using dates, people, job duties, policies, comments, decisions, and consequences. Explain what happened, why you believe it was discriminatory or retaliatory, and how similarly situated employees were treated. Use facts rather than conclusions alone. Preserve emails, messages, schedules, reviews, warnings, pay records, applications, medical restrictions, and policy documents lawfully.
Do not access confidential files you are not authorized to see or alter original records. Keep copies outside a work account when lawful, and record witness names and contact information. The EEOC may request documents later, but an organized timeline makes the initial charge more accurate.
Submit the charge
The EEOC accepts charges through its Public Portal and may also provide instructions for an EEOC field office. The charge identifies the employer, basic contact information, the alleged discriminatory acts, and the protected basis. Review every date and name before signing. A charge is a formal allegation, not a finding that the employer violated the law.
Answer follow-up requests and update your address, phone, or email. If the portal shows a draft or inquiry rather than a filed charge, confirm what action is still required. Save the confirmation, charge number, submitted documents, and all correspondence.
What happens after filing
The EEOC generally notifies the employer. The matter may be offered mediation, assigned for investigation, resolved through information exchange, or dismissed. The agency can issue a notice of right to sue in appropriate circumstances. The process may take time, and filing does not guarantee compensation or a favorable determination.
Continue preserving evidence and observe any employer deadlines. Do not retaliate against witnesses or post confidential case details online. An employment lawyer can evaluate settlement language, parallel state claims, and whether a right-to-sue deadline is approaching.
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