Filing a Charge of Discrimination with the Equal Employment Opportunity Commission
People treated less favorably by their labor union, employment agency, or employer with at least 15 employees because of their race, color, religion, gender (including pregnancy, childbirth and related conditions , gender identity, and sexual orientation ), national origin, age (if they are at least 40 years old), disability, or genetic information can file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). Such a filing is nearly always required before the complainant can file an employment discrimination lawsuit against their employer. The alleged discrimination may arise out of many work situations, including hiring, firing, promoting, training, paying wages, and providing other benefits. To be eligible for consideration, each discriminatory event has its own 180-calendar-day filing deadline (“calendar days” include weekends and holidays). The deadline is extended to 300 calendar days if a state law prohibits employment discrimination on the ground that the complainant alleges. If the complainant alleges ongoing harassment, the deadline applies only to the last discriminatory event for all events to be considered. Notably, charges against a federal employer involve a different process and must be filed within 45 calendar days. EEOC field offices can help complainants determine their case’s deadline. The filing may be done by mail, online at https://publicportal.eeoc.gov/portal/ , or in person at an EEOC field office. The EEOC will then notify the employer within 10 days and request that they submit within 30 days the requested documentation and a written response to the charge. The EEOC will then share this statement with the complainant, who is expected to respond orally or in writing within 30 days of receiving the statement. If both parties agree, they may then participate in the EEOC’s mediation program and attempt to reach a voluntary settlement. If they fail to do so, the EEOC will investigate the charge of discrimination, a process that usually takes about 10 months and results in one of two outcomes. First, if the EEOC is unable to determine whether the employer violated the law, it will give the complainant a Notice of Right to Sue so they can file a lawsuit in court themselves. Second, if the EEOC determines that the employer violated the law, it will attempt to reach a voluntary settlement with the employer. A failure to reach a settlement will result in the EEOC initiating a lawsuit or giving the complainant a Notice of Right to Sue so they can do so themselves. The external URL below links to the EEOC’s website, which provides additional details on filing a charge of discrimination with the EEOC.
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