Mississippi Human Rights Agency Charge — EEOC Filing

MISSISSIPPI EMPLOYMENT-DISCRIMINATION CHARGE — EEOC FILING

TABLE OF CONTENTS

1. Filing Overview and Forum
2. Charging Party Information
3. Respondent Employer Information
4. Bases of Discrimination
5. Date(s) of Discrimination
6. Statement of Particulars (Charge Narrative)
7. Identification of Witnesses and Comparators
8. Documentary Evidence Inventory
9. Relief Requested
10. Verification
11. Mississippi State Employee Supplement (Optional)
12. Filing Checklist
13. Mississippi Practice Notes
14. Sources and References

1. FILING OVERVIEW AND FORUM

Primary Forum: U.S. Equal Employment Opportunity Commission (EEOC), Jackson Area Office

Address: Dr. A. H. McCoy Federal Building, 100 West Capitol Street, Suite 338, Jackson, MS 39269

Phone: 1-800-669-4000 | TTY: 1-800-669-6820 | ASL Video Phone: 844-234-5122

Office Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (federal holidays excluded). Walk-in appointments Monday, Tuesday, Thursday, and Friday from 8:30 a.m.–2:00 p.m.

Online Intake: https://publicportal.eeoc.gov/

Filing Deadline: 180 days from the date of the discriminatory act (Mississippi is a non-deferral state — no 300-day extension applies because Mississippi has no Fair Employment Practices Agency).

2. CHARGING PARTY INFORMATION

3. RESPONDENT EMPLOYER INFORMATION

4. BASES OF DISCRIMINATION

Check all that apply (each basis becomes a charge against the same Respondent):

☐ Race — specify: [__________]

☐ Color — specify: [__________]

☐ Religion — specify: [__________]

☐ National origin — specify: [__________]

☐ Sex (including pregnancy, sexual orientation, gender identity per Bostock v. Clayton County) — specify: [__________]

☐ Age (40 or older) — date of birth: [__/__/____]

☐ Disability — describe impairment: [__________]

☐ Genetic information

☐ Equal pay (sex-based wage discrimination)

☐ Retaliation for protected activity — describe protected activity: [__________]

☐ Other (e.g., USERRA / military service): [__________]

5. DATE(S) OF DISCRIMINATION

180-day deadline calculation: The most recent discriminatory act occurred on [DATE]. The 180-day deadline to file with the EEOC is [DATE + 180 DAYS].

6. STATEMENT OF PARTICULARS (CHARGE NARRATIVE)

I, [CHARGING PARTY NAME], allege that I have been discriminated against by [RESPONDENT NAME] in violation of [Title VII / ADA / ADEA / GINA / EPA] as follows:

I. Background and Qualifications

1. I began employment with Respondent on [DATE] as a [POSITION] at [LOCATION].

2. I am [a member of the following protected class(es): race, color, religion, sex, national origin, age (DOB __/__/____), disability (describe), military service].

3. Throughout my employment I performed my job satisfactorily, met or exceeded performance expectations, and was qualified for my position.

II. Discriminatory Conduct

4. On or about [DATE], [DECISION-MAKER] [DESCRIBE THE FIRST DISCRIMINATORY ACT — what happened, who was present, what was said].

5. On or about [DATE], [DESCRIBE SECOND INCIDENT].

6. On or about [DATE], [DESCRIBE THIRD INCIDENT].

7. [Adverse employment action]: On [DATE], Respondent [terminated / demoted / suspended / failed to promote / failed to hire / paid less than / harassed / failed to accommodate] me.

III. Comparator and Pretext Evidence

8. Similarly situated employees outside my protected class(es) were treated more favorably under materially identical circumstances. Specifically, [describe comparators by initials, role, conduct, and treatment].

9. Respondent's stated reason for the adverse action — [stated reason] — is pretextual because [explain — inconsistent statements, departure from policy, temporal proximity, statistical disparity, etc.].

IV. Protected Activity and Retaliation (if applicable)

10. On [DATE], I engaged in protected activity by [opposing discrimination / filing internal complaint / participating in investigation / requesting accommodation].

11. Following my protected activity, on [DATE], Respondent [describe retaliatory action].

V. Reasonable Accommodation (ADA cases)

12. I requested the reasonable accommodation of [describe accommodation] on [DATE].

13. Respondent [denied the accommodation / failed to engage in the interactive process / terminated me instead of accommodating].

VI. Harm

14. As a result of Respondent's discriminatory conduct, I have suffered lost wages, lost benefits, emotional distress, humiliation, and damage to my professional reputation.

I believe I have been discriminated against on the basis of [PROTECTED CLASS(ES)] in violation of [STATUTE(S)].

7. IDENTIFICATION OF WITNESSES AND COMPARATORS

8. DOCUMENTARY EVIDENCE INVENTORY

Charging Party has the following documentary evidence and will produce it on EEOC request:

☐ Offer letter and employment contract

☐ Job description / essential-functions list

☐ Performance evaluations for the period [____] to [____]

☐ Written warnings, performance improvement plans, and discipline notices

☐ Termination / separation letter

☐ Pay stubs and W-2s for the years [____] to [____]

☐ Employer handbook / policy manual / EEO policy

☐ Internal complaint(s) and HR responses

☐ Emails, text messages, and instant-messaging records evidencing discriminatory statements or animus

☐ Witness statements / declarations

☐ Medical records (ADA / accommodation cases)

☐ Military orders / DD-214 (USERRA / military-service cases)

☐ Comparator data (pay, promotion, discipline records of comparators)

☐ Statistical / EEO-1 reports

☐ Other: [__________]

9. RELIEF REQUESTED

Charging Party seeks the following relief through EEOC processing and any subsequent civil action:

☐ Reinstatement to [POSITION] with full back pay, benefits, and seniority

☐ Front pay if reinstatement is not feasible

☐ Back pay and lost benefits in the amount of approximately $[AMOUNT]

☐ Compensatory damages for emotional distress and reputational harm

☐ Punitive damages for willful, malicious, or reckless violations

☐ Liquidated damages under the ADEA / EPA where applicable

☐ Promotion or transfer to [POSITION]

☐ Reasonable accommodation: [describe]

☐ Expungement of personnel file

☐ Posting of EEO notices and mandatory training of supervisors

☐ Reasonable attorneys' fees and costs

☐ Issuance of a Notice of Right to Sue (request earlier issuance after 180 days if mediation not productive)

☐ Other: [__________]

10. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

I will advise the EEOC if I change my address or telephone number, and I will cooperate fully with the agency in the processing of my charge in accordance with its procedures.

Date: [__/__/____]

Charging Party signature: [________________________________]

[CHARGING PARTY NAME]

State of Mississippi, County of [__________]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

(My Commission Expires: [_______________])

11. MISSISSIPPI STATE EMPLOYEE SUPPLEMENT (OPTIONAL)

11.1. Statutory authority. Miss. Code Ann. § 25-9-149 prohibits discrimination against state-service employees and applicants on the basis of race, color, religion, sex, national origin, age, or handicap. Miss. Code Ann. § 25-1-99 (CROWN Act) prohibits discrimination based on natural hair texture and protective hairstyles in state employment.

11.2. Internal grievance — first step. Submit a written grievance to the agency Human Resources Director (or designee) within seven (7) working days of becoming aware of the alleged grievable issue, on the MSPB Grievance Form available at https://www.eab.ms.gov/.

11.3. Mississippi Employee Appeals Board (MEAB) — appeal step. Adverse personnel actions affecting employment status or compensation may be appealed to the MEAB at:

Mississippi Employee Appeals Board
210 East Capitol Street, Suite 800
Jackson, MS 39201
Phone: (601) 359-1406

11.4. Coordination with EEOC charge. Filing a state-agency grievance does NOT toll or replace the EEOC 180-day deadline. The two tracks should run in parallel. Filing the same dispute in another forum while an MEAB appeal is pending may result in MEAB dismissal — confer with counsel on sequencing.

11.5. Discriminatory action complained of:

12. FILING CHECKLIST

☐ Confirmed Respondent has ≥ 15 employees (Title VII / ADA / GINA) or ≥ 20 employees (ADEA)

☐ Confirmed alleged act occurred within 180 days of intended filing date

☐ Drafted narrative with specific dates, decision-makers, comparators, and adverse actions

☐ Identified at least two corroborating witnesses with current contact information

☐ Gathered or inventoried documentary evidence

☐ Confirmed Mississippi attorney has reviewed the charge (recommended)

☐ Scheduled EEOC intake interview at https://publicportal.eeoc.gov/ or by calling 1-800-669-4000

☐ Filed charge electronically via EEOC Public Portal OR submitted in person at 100 West Capitol Street, Suite 338, Jackson, MS

☐ Saved EEOC Charge Number: [__________]

☐ Calendared 180-day post-filing date for Notice of Right to Sue request

☐ [State employees only] Filed parallel agency grievance within 7 working days

☐ [State employees only] Calendared MEAB appeal deadline

13. MISSISSIPPI PRACTICE NOTES

• No state human rights commission. Unlike most states, Mississippi has no Fair Employment Practices Agency, no state civil-rights commission, and no work-share agreement with the EEOC. All charges go directly to the EEOC Jackson Area Office. There is no state-court "right to sue" letter, no state administrative remedy for private-sector employees, and no state Department of Labor enforcement for general discrimination claims.
• Non-deferral state — 180 days only. Because Mississippi has no FEPA, the 300-day deadline of 42 U.S.C. § 2000e-5(e)(1) does NOT apply. Charging parties have only 180 days from the discriminatory act. This is one of the most common and damaging mistakes in Mississippi practice — check the calendar carefully.
• State employees: parallel tracks. State employees may file (a) an EEOC charge AND (b) an internal § 25-9-149 grievance with appeal to MEAB. Both can proceed in parallel. The MEAB cannot award Title VII / ADA damages; the EEOC and federal court are required for those.
• Equal Pay Act is direct-suit. EPA claims do not require an EEOC charge — file directly in court within 2 years (3 if willful). Cross-charge under Title VII for sex-based wage claims to preserve fee-shifting and broader damages.
• EEOC online intake. The EEOC Public Portal (https://publicportal.eeoc.gov/) is the preferred entry point. Online inquiry → telephone or video interview → drafting the formal Charge of Discrimination (Form 5) → digital signing. Walk-ins remain available at the Jackson office.
• EEOC Jackson territory. The Jackson Area Office reports to the EEOC Birmingham District Office, which has jurisdictional oversight of Mississippi, Alabama, and parts of Florida (panhandle) and Louisiana. Enforcement priorities and mediation programs are coordinated at the district level.
• USERRA and military discrimination. USERRA claims (military service) may be filed with the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) — separate from the EEOC. Mississippi parallel state law: Miss. Code Ann. § 33-1-15 (criminal misdemeanor) and § 33-1-19 (reemployment).
• CROWN Act for state employees. Miss. Code Ann. § 25-1-99 (effective 2022) prohibits discrimination based on natural hair texture and protective hairstyles for Mississippi state employees. Plead under § 25-9-149 in conjunction with Title VII race-discrimination theories.
• Statute-of-limitations triggers. The 180-day clock runs from the date of each discrete discriminatory act (failure to promote, termination, demotion). For hostile work environment, the clock runs from the most recent contributing act in the pattern (Morgan).
• Right-to-Sue request. A Charging Party may request the EEOC issue a Notice of Right to Sue 180 days after filing. Once issued, suit must be filed within 90 days. Plan attorney engagement and complaint drafting before requesting RTS.

14. SOURCES AND REFERENCES

• EEOC Jackson Area Office — https://www.eeoc.gov/field-office/jackson
• EEOC Public Portal — https://publicportal.eeoc.gov/
• EEOC Form 5 (Charge of Discrimination) — https://www.eeoc.gov/sites/default/files/migrated_files/eeoc/foia/forms/form_5.pdf
• EEOC: How to File a Charge — https://www.eeoc.gov/how-file-charge-employment-discrimination
• EEOC: Time Limits for Filing — https://www.eeoc.gov/time-limits-filing-charge
• 29 C.F.R. Part 1601 (EEOC Procedural Regulations) — https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1601
• Mississippi State Personnel Board — https://www.mspb.ms.gov/
• Mississippi Employee Appeals Board — https://www.eab.ms.gov/
• MSPB State Employee Handbook (FY 2026) — https://www.mspb.ms.gov/sites/mspb/files/MSPB_File/Resources%20for%20HR/Policies/FY%202026%20Policies/FY%202026%20State%20Employee%20Handbook.pdf
• Mississippi Legislature (bill status and code) — https://billstatus.ls.state.ms.us/
• Miss. Code Ann. § 25-9-149 — https://law.justia.com/codes/mississippi/title-25/chapter-9/personnel-administration-system/section-25-9-149/
• Miss. Code Ann. § 33-1-15 — https://law.justia.com/codes/mississippi/title-33/chapter-1/section-33-1-15/
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing violation)
• Bostock v. Clayton County, 140 S. Ct. 1731 (2020) (sex includes sexual orientation and gender identity)
• USERRA / VETS — https://www.dol.gov/agencies/vets/programs/userra
• Mississippi Bar — https://www.msbar.org/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Mississippi has no state human rights commission; charges must be filed with the EEOC. State employees may pursue parallel agency grievance and MEAB review. Have this document reviewed by a qualified attorney licensed in Mississippi before filing. Verify all citations and deadlines before use.