How to File a Workplace Discrimination Complaint

Federal laws prohibit employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40+), disability and genetic information. Most of these laws require going through the EEOC first.

Step 1: Consider an internal complaint

Report discrimination under your employer's policy, in writing. It gives the employer a chance to fix the problem and can be important for harassment claims. It does not pause the EEOC deadline.

Step 2: Watch the deadline

You must file an EEOC charge within 180 calendar days of the discriminatory act, extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination (EEOC; 42 U.S.C. 2000e-5). For ongoing harassment, the deadline runs from the last incident. Federal government employees have a different process with a 45-day deadline to contact an EEO counselor.

Step 3: File the charge

• Online through the EEOC Public Portal, which starts with an inquiry and intake interview
• By phone to schedule an interview
• In person at an EEOC field office

You can also file with your state fair employment agency, which is usually "dual-filed" with the EEOC.

Include who discriminated, what happened, when, and why you believe it was discriminatory. Keep the charge number.

Step 4: What happens next

• Mediation: voluntary and confidential; many charges resolve here.
• Investigation: the employer responds; the EEOC may request documents and interview witnesses.
• Findings: a "cause" finding leads to conciliation and possible EEOC litigation; a "no cause" finding still allows you to sue.

Step 5: Right to sue

After the EEOC issues a notice of right to sue, you generally have 90 days to file a lawsuit in court (42 U.S.C. 2000e-5(f)). You can request the notice after 180 days if the investigation is ongoing. Under the age discrimination law, you can sue 60 days after filing without a notice.

Retaliation

Filing a charge is protected; retaliation is illegal. See retaliation.

Do you need a lawyer?

You do not need one to file, but an employment lawyer can frame the charge, which matters later, and evaluate the case. See also hostile work environment.

Sources

1. EEOC: How to file a charge of employment discrimination
2. EEOC: Time limits for filing a charge
3. Cornell Law School LII: 42 U.S.C. 2000e-5, Enforcement provisions