How To File a Discrimination Complaint With the EEOC

Employees who have experienced workplace discrimination can file a discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC handles federal employment discrimination claims. This article covers the EEOC complaint process, including reporting, mediation, and what you can do if the EEOC cannot resolve your case.

In addition to the EEOC, some state labor law agencies handle state discrimination claims. For legal advice and to get help with the complaint process, talk to a local discrimination attorney.

What Is the EEOC?

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency that investigates and enforces federal employment discrimination complaints. When employees suffer discrimination in the workplace, they can file a complaint with the EEOC. A complaint asks the EEOC to take remedial action to resolve your discrimination case. The EEOC can investigate the complaint, work toward a resolution, or file a legal action in federal court.

Anti-discrimination laws apply to workers in protected classes, including:

• Race
• Color
• Sex (including gender identity and sexual orientation)
• Pregnancy and pregnancy-related medical conditions
• Religious beliefs
• National origin
• Age discrimination
• Disability
• Genetic information

Federal discrimination laws apply to most private employers with 15 or more employees. Age discrimination laws apply to employers with 20 or more workers. These laws also apply to state and federal employees, labor unions, and employment agencies. State anti-discrimination laws may apply to employers with a lower number of employees.

If your state gives you more legal rights than under federal law, you can also file a claim with your local Fair Employment Practice Agency (FEPA). FEPAs are local agencies enforcing state, county, and local anti-discrimination laws. Talk to an employment law attorney about whether you should file a state claim or dual file with a FEPA and the EEOC.

Preparing Your EEOC Complaint

There is a limited time to file a charge of employment discrimination with the EEOC. The statute of limitations gives you up to 180 days from the date of the alleged discrimination to file a complaint. However, if your state has similar anti-discrimination laws and state or local government agencies enforce those laws, you may have up to 300 days to file a federal complaint.

There may be different timelines for other types of discrimination claims under federal and state laws. Contact an employment discrimination law attorney as soon as you can to make sure you file your complaint within the time limits.

Gather evidence to support your claim. Evidence can include emails, letters, job review reports, employment ads, and text messages. If you were terminated, it may be too late to get copies of your emails or other work records that demonstrate discriminatory actions. However, you may still have pay stubs, offer letters, or employment handbooks. Talk to your discrimination lawyer about what you can gather to prepare for your EEOC complaint.

Not all adverse actions involve obvious discrimination. Your employer may never mention your race, religion, or disability. However, it can still be discriminatory behavior if your employer’s actions have a disparate impact on certain groups.

Filing a Charge of Discrimination

To file a discrimination claim with the federal government, go to www.EEOC.gov. You can open a case or schedule an intake interview through the EEOC public portal. Enter your personal information and set up an account with your username and password.

To submit an online inquiry, you have to complete a series of questionnaires, including the following information:

• Reason for discrimination
• Your employer
• Adverse employment actions
• Job search evidence (after termination)

You can schedule an interview with your local EEOC field office. You can schedule an interview via phone, video, or in-person.

There are other civil rights actions in addition to EEOC complaints. For example, workers who get paid less based on their gender can also file a complaint under the Equal Pay Act. If you have a job discrimination complaint, talk to your employment lawyer about the type of claim you should file.

Adverse Employment Actions

For an unlawful discrimination charge against your employer, you need to identify an adverse employment action. Adverse employment actions can involve any conditions of employment, from applying for a job to termination. Examples of adverse actions include:

• Not interviewing pregnant workers
• Refusing reasonable accommodations for workers with a disability
• Requiring U.S. citizenship for job applicants when it is not required for the job
• Giving certain workers worse job duties, shifts, and workplace locations
• Paying certain employees less than employees of a different group
• No advancement opportunities for workers in a protected class
• Layoffs disproportionately affecting older workers
• Suddenly giving you negative performance evaluations as a pretext to fire you

EEOC Investigation Process

The EEOC may offer mediation to resolve your discrimination claim. With mediation, a neutral mediator works together with you and your employer to come to a voluntary settlement. Mediation is generally faster than going through an EEOC investigation or taking your case to court.

After its investigation, the EEOC will either find a violation or find no violation:

• Violation. If there is a violation, the EEOC can try to reach a settlement with your employer. Alternatively, the EEOC will pursue a legal claim against your employer in court.
• No violation. If the EEOC does not find a violation, they will notify you and provide a notice of your right to pursue your case in court.

A full investigation can take more than six months. If you disagree with the EEOC outcome, you can appeal the agency’s findings.

If you sue for compensation following an EEOC investigation, a civil case can take a long time, depending on your case and local courts. Most employment discrimination claims settle before going to trial. Settlement agreements generally save time and legal costs. For more information about what to expect after filing, talk to your attorney.

Tips for a Successful Complaint

Before filing a discrimination complaint, think about what you want to get out of the process. You may want your job back, back pay, or for your employer to admit wrongdoing. There are many legal remedies available in an employment discrimination case. Talk to your discrimination lawyer about your legal options and what you can expect when you file a complaint.

You can file an EEOC claim without an attorney. However, you have to follow strict filing deadlines and court rules. A discrimination attorney can improve your chances of a successful outcome and compensation. A discrimination attorney is familiar with the process and the evidence you need for your claim. Your lawyer will represent your interests before the EEOC and in civil court.

Find Legal Help

For help filing a discrimination complaint with the EEOC, contact an experienced discrimination lawyer.