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If you believe you experienced employment discrimination, start by submitting an inquiry through the Equal Employment Opportunity Commission’s (EEOC) Public Portal and scheduling an intake interview. If you decide to proceed, you must complete and sign a formal charge. Deadlines can be as short as 180 days, so contact the EEOC or a qualified employment lawyer promptly rather than relying on a generic deadline estimate.
Scope: This guide covers most private-sector and other non-federal employment charges. Federal employees and applicants for federal jobs use a different complaint procedure. Equal Pay Act claims also follow distinct rules, so not every wage claim has the same prerequisites as a Title VII or ADA claim.
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Check your filing deadline first
The general deadline to file an EEOC charge is 180 calendar days from the alleged discriminatory act. In some places, the deadline may extend to 300 days if a state or local agency enforces a law prohibiting discrimination on the same basis. Age discrimination claims have a distinct condition for the 300-day extension. Which deadline applies depends on your claim and location.
Do not assume that an internal complaint, grievance, or other dispute process pauses the EEOC deadline. If the date may be close, contact the EEOC or a qualified lawyer immediately. The EEOC’s general information cannot determine your individual filing deadline.
How to file an EEOC charge
1. Submit an inquiry and schedule an interview
Use the EEOC Public Portal to submit an inquiry and schedule an intake interview. EEOC staff use the interview to discuss your concerns and assess whether filing a charge is appropriate. You decide whether to file.
2. Complete and sign the charge
After the interview, follow the portal’s directions to complete and sign the charge. The EEOC defines it as: “A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination.” The statement must also request agency action.
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- Ames v. Ohio (2025): New principal case eliminates 'background circumstances' test for majority group member claims
- Muldrow v. St. Louis (2024): New principal case sets level of harm for 'term of condition of employment'
- Groff v. DeJoy (2023): New principal case reconsiders 'de minimis' test for religious accommodation
- Updated notes: Incorporates discussion of recent cases U.S. v. Skrmetti (2025), Mahmoud v. Taylor (2025), Stanley v. City of Sanford (2025), Bissonnette v. LePage Bakeries Park St., LLC (2024), Loper Bright Enterprises v. Raimondo (2024), and Students for Fair Admissions v. Harvard (2023)
If 60 days or fewer remain before your filing deadline, the EEOC says the portal provides special directions for quickly submitting necessary information. Contact the nearest EEOC field office if you need help. This is an urgency measure, not a promise that the deadline will be extended.
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You can contact the relevant EEOC field office; the agency also describes starting the process with a letter containing the required information. If a state or local Fair Employment Practices Agency (FEPA) handles discrimination complaints where you work, ask whether it will dual-file your charge with the EEOC. When federal law applies, charges filed with a FEPA are generally dual-filed, so people do not ordinarily need to submit separate charges to both agencies. Procedures and deadlines still depend on the claim and location.
4. Keep a clear record and monitor messages
- Write down a timeline of relevant events, including dates and who was involved.
- Preserve relevant records, such as messages or documents, when practical. The EEOC may request information during the process; no particular document should be assumed necessary in every case.
- Keep your portal contact details current and check for agency requests so you can respond on time.
What happens after you file
Employer notice and possible mediation
The EEOC says it notifies the employer within 10 days of a charge being filed. The agency may offer voluntary mediation, in which a neutral mediator helps the parties explore resolution but does not decide who is right or wrong. The EEOC says mediation usually resolves charges in less than three months, but that is a typical timeframe, not a guarantee; mediation may not be offered or may not resolve the matter.
Position statement and investigation
If mediation is not offered or does not resolve the charge, the EEOC usually asks the employer for a written position statement. You can review the statement and are asked to respond within 30 days of receiving it. The agency may then gather facts through interviews, document requests, questions, and, in some cases, an on-site visit. The investigation depends on the circumstances. The EEOC reports an average investigation duration of approximately 10 months; that average is not a prediction or deadline for an individual charge.
Possible agency outcomes
- Dismissal and notice of rights: If the EEOC cannot determine that there is reasonable cause to believe discrimination occurred, it may dismiss the charge and issue a notice of rights.
- Reasonable cause and conciliation: If the EEOC finds reasonable cause, it generally invites the parties to try conciliation, a process to reach a voluntary resolution.
- Further action: If conciliation fails, the EEOC may decide to sue or issue a notice of rights allowing the charging party to pursue a lawsuit.
Filing a charge is an allegation, not a finding that discrimination occurred. The EEOC’s decision about the charge and any later legal action depend on the facts and applicable law.
Right-to-sue notices and different laws
A right-to-sue notice generally starts a 90-day deadline to file suit. Do not treat that period as a universal rule for every EEOC-enforced law. Title VII and ADA claimants generally need an EEOC notice before filing in federal court; the agency generally must have 180 days to resolve the charge before a claimant can request one, though it may issue a notice earlier in some cases.
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Age Discrimination in Employment Act (ADEA) and Equal Pay Act rules differ. The Equal Pay Act also has a distinct route, so its requirements should not be assumed to match Title VII or ADA procedures. Read the specific notice you receive and promptly confirm the deadline and next step for your claim with the EEOC or a qualified lawyer.
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