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How to File an EEOC Charge of Workplace Discrimination

Most private-sector and state or local government workers start through the EEOC Public Portal—but an inquiry is not a filed charge, and deadlines may be as short as 180 days.

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For most private-sector employees and state or local government workers, filing starts with an inquiry through the EEOC Public Portal. The inquiry is not itself a formal charge: the EEOC may schedule an interview, request more details, and then provide a way to complete the charge. Deadlines can be as short as 180 days, so identify the relevant event and act promptly.

Who can file an EEOC charge?

The EEOC handles covered employment-discrimination complaints involving an employer, union or labor organization, or employment agency. The laws it enforces cover discrimination based on race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age 40 or older, disability, genetic information, and retaliation. Applicable laws may also require reasonable accommodation in some circumstances. Whether a particular action is covered depends on the facts and statute; not every unfair workplace decision is unlawful discrimination. See the EEOC’s workplace discrimination guidance.

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How long do you have to file an EEOC charge?

The general deadline is 180 calendar days from the alleged discriminatory act. It may extend to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis. For an age-discrimination charge, the 300-day extension requires a state age-discrimination law and a state agency or authority enforcing it; a local law alone does not extend that deadline. The EEOC explains these rules on its time limits page.

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Weekends and holidays count. If the deadline falls on a weekend or holiday, it carries over to the next business day. Separate discriminatory events can have separate deadlines. Internal complaints, union grievances, arbitration, and mediation generally do not pause or extend the EEOC deadline.

If you are a federal employee or applicant, generally you must contact an agency EEO Counselor within 45 days. Exceptions may apply, and the federal-sector process differs from the ordinary Portal sequence; follow the EEOC’s federal-sector instructions rather than relying on the private- or state/local-sector process.

The Equal Pay Act has a different prerequisite: the EEOC says a charge generally is not required before bringing an Equal Pay Act lawsuit, and different deadlines apply. Other laws enforced by the EEOC generally require a charge before suit. Confirm the rules that apply to your claim with the EEOC or a qualified lawyer.

Can you file an EEOC charge online?

Yes. For the ordinary private-sector and state/local-sector route, begin by submitting an inquiry through the EEOC Public Portal. The Portal supports opening an inquiry, managing an existing inquiry or charge, finding guidance, and locating an EEOC field office; sign-in uses Login.gov. The usual sequence may include assessment, inquiry, interview scheduling, providing additional details, and filing the charge.

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Submitting an inquiry is not the same as filing a charge. The EEOC’s Portal user guide expressly distinguishes the two. Do not treat an inquiry confirmation as proof a formal charge has been filed.

What should you do if the deadline is close?

When 60 days or fewer remain, the EEOC says the Portal provides special directions for supplying information and filing quickly. If the deadline is fast approaching, contact the EEOC at 1-800-669-4000 for an immediate interview or visit an EEOC office. Office conditions can vary, so check current field-office information. If you are unsure how the deadline is calculated, contact the agency promptly instead of waiting for a routine appointment.

How to file: the usual steps

  1. Record each event and its date. Note the action you believe was discriminatory and when it happened. Different events may have different deadlines, and other complaint processes generally do not stop the EEOC clock.
  2. Open an inquiry in the EEOC Public Portal. Use the Portal to start the process and follow its current instructions. If time is short, use the urgent directions or contact the EEOC rather than waiting for a standard appointment.
  3. Attend the interview. The EEOC may schedule a telephone, video, or in-person interview to assess the concern and whether filing a charge is appropriate. The decision to file belongs to you; the agency may ask for more information before preparing the formal charge.
  4. Complete and sign the charge. Follow the Portal’s directions for finalizing it. If filing by mail, include the information listed below and sign the letter; an unsigned letter cannot be investigated as a charge.

What information does a charge need?

For a mailed charge, the EEOC asks for a signed written account with:

  • Your name and contact details.
  • The respondent’s name and contact details—the employer, union, or other organization you are charging.
  • The number of employees, if known.
  • A brief description of the actions you believe were discriminatory and the dates they occurred.
  • Why you believe discrimination occurred.
  • Your signature.

Check the EEOC’s filing instructions for current mail and other filing details.

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Can you file in person, by phone, or with a state agency?

The Portal is the usual starting point, but the EEOC also describes in-person and mail routes. A phone call can start the process or help arrange an interview; the EEOC does not take charges by telephone. These routes are not necessarily interchangeable in every situation, so follow current agency directions.

State and local Fair Employment Practices Agencies (FEPAs) may enforce local anti-discrimination laws. The EEOC has worksharing agreements with some FEPAs, under which a filing with one agency may also be filed with the other. If filing with a state or local agency, you can say that you also want the charge filed with the EEOC. Check that agency’s procedures and do not assume a dual-filing agreement applies everywhere.

What happens after you file—and when can you sue?

Filing a charge is not the same as filing a lawsuit. For Title VII and ADA claims, the EEOC says a Notice of Right to Sue is generally required before a federal lawsuit, subject to timing and other conditions. The notice can be requested through the Portal or in writing from the office handling the charge. Rules differ for age-discrimination and Equal Pay Act claims; consult the EEOC’s lawsuit guidance or a qualified lawyer before taking a litigation step.

The EEOC also points to the American Bar Association’s Lawyer Referral Directory for people seeking counsel. A lawyer is not required simply to contact the EEOC.

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