EEOC EMPLOYMENT DISCRIMINATION COMPLAINT GUIDE

A Step-by-Step Guide to Filing a Charge of Discrimination

WHAT IS THIS GUIDE FOR?

This guide helps workers file discrimination complaints with the Equal Employment Opportunity Commission (EEOC). It covers:
- What types of discrimination the EEOC handles
- How to file a charge of discrimination
- What happens after you file
- Your right to sue

WHAT DISCRIMINATION DOES THE EEOC HANDLE?

Protected Characteristics

The EEOC enforces laws prohibiting discrimination based on:

☐ Race - Including color, ethnicity, ancestry
☐ Color - Skin color
☐ National Origin - Country of origin, accent, ethnicity
☐ Religion - Beliefs, practices, observances
☐ Sex - Including pregnancy, sexual orientation, gender identity
☐ Age - 40 years and older (ADEA)
☐ Disability - Physical or mental (ADA)
☐ Genetic Information - Family medical history (GINA)
☐ Retaliation - For opposing discrimination or filing a complaint

Types of Discriminatory Actions

☐ Failure to hire
☐ Termination/firing
☐ Demotion
☐ Denial of promotion
☐ Unequal pay
☐ Harassment (including sexual harassment)
☐ Hostile work environment
☐ Denial of reasonable accommodation (disability/religion)
☐ Retaliation for complaining about discrimination

Employer Coverage

The EEOC covers:
- Private employers with 15+ employees (Title VII, ADA)
- Private employers with 20+ employees (ADEA)
- Federal government employees
- State and local government employees
- Employment agencies
- Labor unions

CRITICAL DEADLINES

You must file within strict time limits or lose your rights.

Private Sector Employees

Most states have fair employment agencies, so the deadline is usually 300 days.

Federal Employees

When the Clock Starts

The deadline runs from:
- The date of the discriminatory act (firing, demotion, etc.)
- For ongoing harassment: the most recent incident
- For pattern/practice: each discriminatory act may have its own deadline

STEP 1: DOCUMENT THE DISCRIMINATION

Evidence to Gather

☐ Written records (emails, texts, memos) showing discrimination
☐ Your personnel file (request a copy)
☐ Performance evaluations
☐ Disciplinary records
☐ Witness names and contact information
☐ Dates and details of discriminatory incidents
☐ Comparators (how similarly situated employees were treated)
☐ Job postings and descriptions
☐ Company policies (handbook, anti-discrimination policy)
☐ Medical records (for disability cases)
☐ Religious accommodation requests and responses

Create a Detailed Timeline

Identify Comparators

Comparators are employees in similar situations who were treated differently:

STEP 2: FILE A CHARGE WITH THE EEOC

Filing Methods

Online (Recommended):
1. Go to publicportal.eeoc.gov
2. Submit an online inquiry
3. EEOC will contact you to schedule an interview
4. After interview, you can file the charge online

By Phone:
Call 1-800-669-4000 (TTY: 1-800-669-6820)

In Person:
Visit your nearest EEOC field office
Find locations at: www.eeoc.gov/field-office

The Filing Process

Step 1: Submit an Online Inquiry
- Answer questions about your situation
- EEOC determines if they have jurisdiction
- You'll receive a confirmation

Step 2: Interview with EEOC
- EEOC contacts you to schedule an interview
- Can be in person, by phone, or video
- Bring your documentation and timeline
- EEOC helps you draft the charge

Step 3: Sign and File the Charge
- Review the charge for accuracy
- Sign electronically or in person
- Receive your charge number

What to Include in Your Charge

The charge should describe:
1. Who discriminated against you (employer name, address)
2. What happened (specific incidents)
3. When it happened (dates)
4. Why you believe it was discrimination (protected characteristic)
5. How you were harmed (lost job, pay, promotion, etc.)

WRITING YOUR STATEMENT OF DISCRIMINATION

Your charge includes a narrative statement. Here's how to write an effective one:

Template Structure

Opening: State the type of discrimination and when it occurred.

"I believe I was discriminated against because of my [race/sex/age/disability/religion/national origin/etc.] in violation of [Title VII/ADEA/ADA]."

Body: Describe what happened chronologically.

"On [date], [describe what happened]. I believe this was discriminatory because [explain why - how were others treated, what was said, pattern of behavior, etc.]."

Conclusion: State the harm you suffered.

"As a result, I was [fired/demoted/denied promotion/harassed/not hired]. I am seeking [describe relief - reinstatement, back pay, etc.]."

Sample Statement

I believe I was discriminated against because of my race (African American) in violation of Title VII of the Civil Rights Act of 1964.

I was employed by ABC Company as a Sales Manager from January 2022 until my termination on October 15, 2025. Throughout my employment, I consistently received positive performance reviews and exceeded my sales targets.

On August 10, 2025, I applied for the Regional Director position. Despite having more experience and better performance metrics than the other candidates, I was passed over for the position. The position was given to John Smith, a white male with less experience and lower performance numbers.

When I asked my supervisor, Jane Doe, why I was not selected, she stated that "clients feel more comfortable with someone like John." This was the third time in two years I was passed over for promotion in favor of less qualified white employees.

On October 1, 2025, I filed an internal complaint with HR about the discriminatory promotion decision. Two weeks later, on October 15, 2025, I was terminated. The stated reason was "restructuring," but no other positions were eliminated, and my job duties were assigned to remaining employees.

I believe I was denied the promotion because of my race, and I was terminated in retaliation for complaining about discrimination.

STEP 3: WHAT HAPPENS AFTER YOU FILE

EEOC Notifies Employer

• EEOC sends copy of charge to employer within 10 days
• Employer has opportunity to respond
• Your contact information is included (charges are not anonymous)

Possible Outcomes

1. Mediation Offered
- Voluntary process
- Neutral mediator helps reach agreement
- Faster than investigation
- Free service
- Settlement is binding

2. Investigation
- EEOC investigates your claims
- Reviews documents
- Interviews witnesses
- May visit workplace
- Can take 6-12 months or longer

3. Dismissal
- If EEOC finds no violation or cannot investigate
- You receive a "Dismissal and Notice of Rights"
- You have 90 days to file a lawsuit

4. Finding of Cause
- If EEOC believes discrimination occurred
- Issues "Letter of Determination"
- Attempts conciliation with employer
- If conciliation fails, EEOC may sue or issue right to sue

Right to Sue Letter

You need a "Right to Sue" letter before filing a lawsuit (except for Equal Pay Act claims).

Ways to get a Right to Sue Letter:
1. EEOC issues it after investigation
2. EEOC issues it after 180 days if you request it
3. Automatic if charge is dismissed

Deadline: You have 90 days from receiving the Right to Sue letter to file a lawsuit.

STEP 4: AFTER RECEIVING RIGHT TO SUE

Your Options

Option 1: File a Lawsuit
- Must file within 90 days
- Federal court (Title VII, ADA, ADEA) or state court
- Strongly consider hiring an attorney
- Many employment lawyers work on contingency

Option 2: Continue Negotiations
- You can still settle after receiving the letter
- Employer may be more motivated to settle

Option 3: Let it Go
- If 90 days passes without filing suit, you lose your right to sue

Finding an Attorney

• National Employment Lawyers Association: www.nela.org
• Your state bar association lawyer referral
• Legal aid organizations
• Many offer free consultations

FEDERAL EMPLOYEE PROCESS (DIFFERENT)

Federal employees follow a different process:

Step 1: Contact EEO Counselor

• Must contact within 45 days of discriminatory act
• Call your agency's EEO office
• Counseling lasts up to 30 days (extendable to 90)

Step 2: File Formal Complaint

• If not resolved, request "Notice of Right to File"
• File formal complaint within 15 days of receiving notice
• File with your agency's EEO office

Step 3: Investigation

• Agency investigates within 180 days
• You receive investigative file

Step 4: Request Hearing or Decision

• Within 30 days, choose:
• Hearing before EEOC Administrative Judge, OR
• Final Agency Decision without hearing

Step 5: Appeal

• Appeal unfavorable decision to EEOC Office of Federal Operations
• Or file in federal court within 90 days

MEDIATION TIPS

If offered mediation, consider accepting:

Advantages of Mediation

☐ Faster than investigation
☐ More control over outcome
☐ Confidential
☐ Free
☐ Can still investigate if mediation fails

Preparing for Mediation

☐ Know what you want (be realistic)
☐ Bring documentation
☐ Be prepared to negotiate
☐ Consider hiring an attorney to advise you
☐ Have a bottom line but don't reveal it

What You Might Negotiate

• Money (back pay, front pay, compensatory damages)
• Reinstatement or transfer
• Neutral reference
• Policy changes
• Training for managers
• Removal of negative information from personnel file

RETALIATION PROTECTION

Your Rights

It is illegal for your employer to retaliate against you for:
- Filing an EEOC charge
- Participating in an investigation
- Opposing discrimination
- Being a witness

Signs of Retaliation

☐ Termination
☐ Demotion
☐ Transfer to worse position
☐ Reduced hours or pay
☐ Negative performance reviews (sudden)
☐ Harassment or hostility
☐ Exclusion from meetings or opportunities

If Retaliation Occurs

1. Document everything
2. File an amended or new charge with EEOC
3. Add retaliation claim to your lawsuit

TRACKING YOUR CHARGE

Filing Information

EEOC Charge Number: [________________________________]
Date filed: [__/__/____]
EEOC Office: [________________________________]
Investigator assigned: [________________________________]
Phone: [________________________________]

Deadlines

Discriminatory act date: [__/__/____]
Filing deadline: [__/__/____]
Charge filed on: [__/__/____]

Mediation

Offered: ☐ Yes ☐ No
Accepted: ☐ Yes ☐ No
Date: [__/__/____]
Outcome: [________________________________]

Investigation

Investigation started: [__/__/____]
Investigation completed: [__/__/____]

Right to Sue Letter

Date received: [__/__/____]
Deadline to file lawsuit: [__/__/____]
Lawsuit filed: ☐ Yes ☐ No
Court and case number: [________________________________]

COMMON MISTAKES TO AVOID

☐ Missing the filing deadline
☐ Not documenting incidents as they happen
☐ Filing only with HR without filing EEOC charge
☐ Waiting until after termination to file
☐ Not identifying comparators
☐ Quitting before filing (may affect remedies)
☐ Signing a severance agreement waiving EEOC rights without understanding it
☐ Missing the 90-day lawsuit deadline after Right to Sue letter
☐ Not consulting an attorney for complex cases

SOURCES AND REFERENCES

• EEOC: www.eeoc.gov
• File a Charge: www.eeoc.gov/filing-charge-discrimination
• EEOC Public Portal: publicportal.eeoc.gov
• Field Office Locator: www.eeoc.gov/field-office
• Laws Enforced by EEOC: www.eeoc.gov/statutes/laws-enforced-eeoc

This guide is for informational purposes only and does not constitute legal advice. Employment discrimination cases are complex and time-sensitive. Consider consulting with an employment attorney, especially for complex cases. Many employment attorneys offer free consultations and handle cases on contingency.