How to File an EEOC Complaint for Workplace Discrimination

Determine If Your Situation Qualifies

The Equal Employment Opportunity Commission handles complaints involving discrimination based on race, color, religion, sex including pregnancy and gender identity, national origin, age over forty, disability, and genetic information. Your employer must have fifteen or more employees for most types of discrimination, or twenty or more for age discrimination. The EEOC also covers retaliation against employees who report discrimination or participate in investigations. Review the EEOC website at eeoc.gov to confirm your situation falls within their jurisdiction before beginning the filing process.

Document Every Incident Thoroughly

Create a detailed written record of every discriminatory incident including the date, time, location, what was said or done, who was involved, and who witnessed it. Save all related emails, text messages, performance reviews, and written communications that support your claim. Keep copies of your employment records including your offer letter, job description, pay stubs, and any disciplinary notices. If you reported the issue internally through HR or management, document those interactions as well including dates, who you spoke with, and what response you received. Store all documentation outside of company systems.

File Within the Deadline

You must file your EEOC charge within 180 days of the discriminatory act in most cases. This deadline extends to 300 days if your state or locality has its own anti-discrimination agency that has a work-sharing agreement with the EEOC, which most states do. Do not wait until the last minute because gathering documentation and completing the intake process takes time. If you are unsure about your deadline, contact the EEOC immediately since missing the filing deadline can permanently bar you from pursuing your claim through the federal process regardless of its merit.

Submit Your Charge Online or In Person

You can begin the process online through the EEOC Public Portal at publicportal.eeoc.gov. Create an account and complete the online inquiry form describing your situation. An EEOC representative will contact you to schedule an intake interview, which can be conducted by phone or in person at your nearest EEOC field office. During the interview, the representative will help you formalize your complaint into an official Charge of Discrimination. You can also visit an EEOC field office directly without an appointment to begin the process, though scheduling ahead is recommended.

Cooperate with the Investigation

After your charge is filed, the EEOC will notify your employer and begin an investigation. The EEOC investigator may request additional documentation from you, ask for clarification about specific incidents, or conduct follow-up interviews. Respond promptly to all requests from the investigator as delays can slow the process significantly. The investigation timeline varies widely but typically takes six to twelve months. During this period, your employer is prohibited by law from retaliating against you for filing the charge, and any retaliation constitutes an additional violation that you should report immediately.

Understand Your Resolution Options

The EEOC may attempt mediation early in the process, which is a voluntary and confidential meeting between you and your employer facilitated by a neutral mediator. If mediation fails or is declined, the investigation continues. After the investigation concludes, the EEOC will issue a determination. If they find reasonable cause, they will attempt conciliation with your employer. If conciliation fails, the EEOC may file a lawsuit on your behalf, though this is rare. In most cases, the EEOC issues a Right to Sue letter, which gives you 90 days to file a lawsuit in federal court with a private attorney.