To file an EEOC complaint, you submit a "charge of discrimination" to the U.S. Equal Employment Opportunity Commission, usually online through its Public Portal, by phone, or in person at a field office. You generally must file within 180 or 300 days of the discriminatory act, and in most cases you must file a charge before you can sue your employer in federal court.
This article is general legal information, not legal advice. Laws vary by state and situation, and reading it does not create an attorney-client relationship. For advice about your case, talk to a licensed attorney.
Key Takeaways
- An "EEOC complaint" is officially called a charge of discrimination, and filing one is generally required before you can bring a federal discrimination, harassment, or retaliation lawsuit.
- The deadline is short: 180 or 300 days from the date of the discriminatory act, depending on whether your state or city has its own anti-discrimination agency. Verify your exact deadline immediately.
- You can file online, by phone (1-800-669-4000), or in person, and the EEOC staff can help you complete the paperwork. You do not need a lawyer to file, but one can help significantly.
- After you file, the EEOC notifies your employer, may offer mediation, and can investigate. The process often takes many months.
- Most charges end with a right-to-sue notice, which gives you a limited window (typically 90 days for many claims) to file a lawsuit. Missing that deadline can end your case.
- Retaliation for filing an EEOC charge is illegal and may be a separate claim.
What an EEOC Complaint Actually Is
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the main federal anti-discrimination laws at work, including:
- Title VII of the Civil Rights Act (race, color, national origin, sex including pregnancy, religion)
- The Age Discrimination in Employment Act (ADEA) (age 40 and older)
- The Americans with Disabilities Act (ADA) (disability and reasonable accommodations)
- The Equal Pay Act (sex-based pay differences)
- The Genetic Information Nondiscrimination Act (GINA) and the Pregnant Workers Fairness Act (PWFA)
When people say they want to "file an EEOC complaint," they almost always mean filing a charge of discrimination — a formal statement that an employer discriminated against, harassed, or retaliated against you because of a protected characteristic. For most federal discrimination claims, filing a charge is a required first step (called "exhausting your administrative remedies") before you can take your employer to federal court.
To learn how this fits into the bigger picture of your rights, see our overview of workplace discrimination and your rights under federal and state law and our guide to finding an employment lawyer near you.
When You Should File a Charge
Filing a charge generally makes sense if you believe you experienced an adverse action — being fired, demoted, denied a promotion, harassed, paid less, or denied an accommodation — because of a protected characteristic. Common situations include:
- You were fired or disciplined and believe it was tied to your race, sex, age, disability, religion, national origin, or pregnancy.
- You reported discrimination or harassment and were punished for it (retaliation).
- You requested a disability or religious accommodation and it was denied without a real discussion.
- You are subjected to a hostile work environment based on a protected class.
- You believe a firing crossed the line into wrongful termination.
The charge deadline runs from the date the discriminatory act happened — not from when you realized it might be illegal or decided to act. That makes timing critical.
How to File an EEOC Complaint: Step by Step
Gather the facts and any evidence. Write down what happened, when it happened, who was involved, and which protected characteristic was at issue. Save emails, text messages, performance reviews, pay records, and the names of witnesses. Note specific dates, because the deadline runs from the date of the act.
Determine where to file — EEOC or a state/local agency. The EEOC has "worksharing agreements" with most state and local anti-discrimination agencies, so filing with one usually cross-files with the other. Some jurisdictions require filing with the state agency first. Use eeoc.gov or call the EEOC to identify the right office for your location.
Start the charge. You can begin by:
- Filing online through the EEOC Public Portal (publicportal.eeoc.gov)
- Calling 1-800-669-4000 to schedule an appointment at a field office
- Visiting an EEOC field office in person
Some offices conduct an intake interview first, where you describe what happened and the EEOC decides whether it has jurisdiction.
Complete the charge form (EEOC Form 5). The charge must identify the employer, the dates of the discriminatory acts, the basis (which protected characteristic), and a description of what happened. EEOC staff can help you complete it. Be specific and truthful, and include all the discriminatory acts you want considered.
The EEOC notifies your employer. After the charge is filed, the EEOC generally notifies your employer (often within about 10 days, though timing varies) and gives the employer a chance to respond.
Decide whether to participate in mediation. The EEOC offers voluntary mediation for some charges if both sides agree. Mediation is confidential, does not require any finding of discrimination, and can resolve the matter faster than a full investigation.
The EEOC investigates (if mediation doesn't resolve it). The agency may request a written position statement from your employer, interview witnesses, and review documents. Investigations can take many months or longer.
Receive the EEOC's determination. The EEOC may dismiss the charge, find reasonable cause, attempt conciliation, or — most commonly — close the file and issue a right-to-sue notice. In some circumstances you can request a right-to-sue notice before the investigation finishes.
Act on the right-to-sue notice. This notice authorizes you to file suit in federal court. There is a deadline to sue after you receive it — typically 90 days for Title VII and ADA claims, though it can differ and must be verified. Missing this deadline generally ends your right to sue.
What to Bring or Have Ready
| Item | Why it matters |
|---|---|
| Your employer's legal name and address | Identifies the correct party on the charge |
| Dates of each discriminatory act | The deadline runs from these dates |
| Names of supervisors, HR contacts, and witnesses | Helps the EEOC investigate |
| Emails, texts, and written warnings | Documents what happened |
| Pay stubs, offer letters, performance reviews | Supports discrimination or pay claims |
| Notes about internal complaints you made | Shows protected activity and possible retaliation |
| Any severance or release you were asked to sign | A signed release may waive your right to file |
Deadlines You Must Verify
Deadlines in discrimination cases are short and unforgiving. The two that matter most:
- 180 or 300 days to file the charge. Workers in states or cities with their own anti-discrimination agency and a worksharing agreement with the EEOC typically have 300 days; otherwise it is usually 180 days. The clock starts on the date of the discriminatory act.
- The deadline to sue after a right-to-sue notice. This is commonly 90 days for Title VII and ADA claims, but it varies by statute and your specific situation.
These timelines can change and depend on your jurisdiction and the type of claim. Verify your exact deadlines immediately with the EEOC, your state agency, or an employment attorney — do not rely on a general number. Some claims (like the Equal Pay Act) and some state-law claims have different rules and may not require an EEOC charge at all.
Common Mistakes to Avoid
- Waiting too long. Missing the 180/300-day window typically ends your federal discrimination claim.
- Leaving out important acts. A charge that omits key incidents can limit what you may later sue over.
- Signing a severance release first. Signing a release before filing may waive your right to file a charge or sue. Have an attorney review any severance agreement before you sign.
- Not keeping records. Save your charge number and all correspondence with the EEOC.
- Quitting prematurely. Resigning can complicate your claim unless conditions amount to constructive discharge, which is a high legal bar.
When to Contact a Lawyer
You can file a charge on your own, and EEOC staff can help with the paperwork. Even so, an employment attorney can add real value — ideally before you file, and at the latest before you respond to the employer's position statement or decide on mediation. A lawyer can:
- Frame the charge to capture all available legal claims
- Advise you during the investigation and on mediation strategy
- Evaluate the right-to-sue notice and whether to file suit before the deadline
- Compare your federal options with potentially stronger state-law claims
After you receive a right-to-sue notice, a lawyer is essentially essential, because the deadline to file in court is short. If your case involves a firing, our wrongful termination claim tool can help you organize the facts, and you can connect with counsel through our directory of employment lawyers.
What It Costs
Filing a charge with the EEOC is free. You do not pay the agency to file or investigate. If you hire a private attorney, many employment lawyers offer a free initial consultation and handle discrimination cases on a contingency fee (they are paid a percentage only if you recover money) or through fee-shifting provisions in the anti-discrimination statutes that can require a losing employer to pay your attorney's fees. Costs and arrangements vary, so ask any attorney to explain their fee structure in writing.
State and Local Differences
Federal law sets a floor, not a ceiling. Many states and cities have their own anti-discrimination laws and agencies — often called civil-rights or human-rights commissions — that:
- Cover smaller employers than the 15- or 20-employee thresholds in federal law
- Protect additional categories, such as marital status, source of income, or military status
- Provide different remedies and procedures, sometimes with their own deadlines
In many states you can file with either the EEOC or the state agency, and one cross-files with the other. In some states you must file with the state agency first. Because procedures and deadlines differ, confirm the right path for your location before you file. For more on the federal-versus-state landscape, see your workplace discrimination rights. If your complaint involves pay rather than discrimination, our guide to unpaid overtime and wage rights explains a separate process.
Helpful Resources
- U.S. Equal Employment Opportunity Commission (EEOC) — eeoc.gov; Public Portal at publicportal.eeoc.gov; 1-800-669-4000
- Your state or local civil-rights / human-rights agency — for state-law claims and worksharing
- U.S. Department of Labor — for wage, leave, and related issues outside the EEOC's scope
- A licensed employment attorney in your state — for advice on deadlines, claims, and strategy
Frequently Asked Questions
How long do I have to file a charge with the EEOC?
The deadline is generally 180 or 300 days from the date of the discriminatory act, depending on whether your state or city has its own anti-discrimination agency with a worksharing agreement with the EEOC. The clock starts when the act happened, not when you learned it might be illegal. Missing the deadline usually ends your right to sue under federal law, so verify your exact deadline immediately.
Do I need a lawyer to file an EEOC charge?
No. You can file on your own, and EEOC staff can help you complete the paperwork. However, an employment attorney can frame your charge to capture all relevant claims, advise you during the investigation and mediation, and evaluate the right-to-sue notice. Many employment lawyers offer free consultations and work on contingency in discrimination cases.
What is the difference between the EEOC and a state civil-rights agency?
The EEOC enforces federal anti-discrimination laws. State civil-rights or human-rights agencies enforce state laws, which often cover smaller employers, protect more categories, and offer different remedies. In many states you can file with either, and one cross-files with the other; some states require filing with the state agency first.
Can my employer retaliate against me for filing a charge?
No. Retaliation for filing an EEOC charge, participating in an investigation, or otherwise opposing discrimination is illegal. If your employer fires, demotes, transfers, or otherwise punishes you after you file, that may be a separate retaliation claim. Document any changes in how you are treated, and you can add a retaliation claim to your pending charge or file a new one.
What is a right-to-sue notice?
A right-to-sue notice (officially a "Notice of Right to Sue") is a document from the EEOC that authorizes you to file a discrimination lawsuit in federal court. You usually receive it when the EEOC closes your charge or when you request it. After you get it, you have a limited time to file suit — typically 90 days for many claims, but verify the exact deadline immediately, because missing it generally ends your federal claim.
How long does the EEOC process take?
It varies widely. Mediation, if both sides agree, can resolve a charge in a matter of months. A full investigation can take many months or longer, depending on the EEOC's workload and the complexity of your case. You can sometimes request a right-to-sue notice before the investigation concludes to move your case to court faster.
Does filing a charge cost anything?
No. Filing a charge with the EEOC is free. If you hire a private attorney, fees vary — many work on contingency in discrimination cases, and the anti-discrimination statutes contain fee-shifting provisions that can require a losing employer to pay your attorney's fees. Ask any lawyer to explain their fees in writing.
What if I already signed a severance agreement?
A severance agreement usually includes a release of legal claims, and signing one can waive your right to file a charge or sue. The rules are complex, and some waivers (such as those involving workers 40 and older under the OWBPA) have specific requirements. Before signing — or if you have already signed — have an employment attorney review the agreement to understand what rights you may have kept or given up.
Talk to an Employment Lawyer
EEOC deadlines are short and the process has real consequences for your case, so it pays to get advice early. If you believe you were discriminated against, harassed, or retaliated against at work, talk to a licensed employment attorney in your state who can confirm your deadlines, identify your strongest claims, and guide you through the charge and any lawsuit. You can start by browsing our directory of employment lawyers near you.
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