If you believe you’ve been subjected to employment discrimination, knowing your rights is the crucial first step toward justice.
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing various federal laws that make it illegal to discriminate against a job applicant or an employee based on various protected characteristics.
Importantly, for claims under various statutes – e.g., Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act – an EEOC filing is a necessary first step to enforcing your rights. Specifically, in order to assert a claim under these laws, one must first file a Charge of Discrimination with the EEOC.
Here is a general guide to understanding the EEOC process for private sector employees. (Note: The requirements for federal employees differ.)
Time Limit
This is perhaps the most important detail: There are strict time limits for filing an EEOC Charge of Discrimination.
In general, you must file a charge within 180 calendar days from the day the discrimination took place.
This deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
Do not delay. Contact the EEOC immediately if you believe you have experienced discrimination, as the deadline is non-negotiable and based on the date the discriminatory act occurred.
Online Inquiry
The most common way to start the process is through the EEOC Public Portal. This secure, web-based system allows you to:
- Submit an Inquiry: You’ll answer a few basic questions about your situation (e.g., type of employer, when the action occurred, and why you believe you were discriminated against). This helps the EEOC determine if they are the correct federal agency to handle your complaint.
- Schedule an Interview:** If your answers suggest the EEOC can address your situation, you will be directed to create an account and schedule an intake interview with an EEOC staff member (in person or by phone). This interview is crucial for gathering all necessary details.
Information to Prepare: Before your interview, gather as much information as possible, including:
- Your contact information.
- The name, address, and telephone number of the employer (or union/employment agency).
- The approximate number of employees at the company (if known).
- A short, factual description of the discriminatory event(s) and the date(s).
- Why you believe you were discriminated against (the basis, like race, age, disability, etc.).
Formal Filing – The “Charge of Discrimination”
After the interview, if the EEOC determines that the law may have been violated, they will assist you in preparing and filing the formal Charge of Discrimination. This document is a sworn statement (signed under oath or affirmation) and is required before you can file a job discrimination lawsuit against your employer.
You may wish to retain a lawyer to assist you with drafting and submitting a Charge of Discrimination.
After You File
Once your charge is filed, the EEOC will generally notify your employer (the “Respondent”) within 10 days and begin its process, which typically includes:
Voluntary Mediation: The EEOC often offers voluntary mediation as a first step to resolve the charge quickly and informally. If both you and the employer agree to participate and reach a settlement, the charge is closed.
Investigation: If mediation is unsuccessful or not chosen, the EEOC conducts an investigation. This may involve:
- Requesting the employer to submit a **Position Statement** (their side of the story).
- Asking both parties to provide more information and documents.
- Interviewing witnesses.
Finding/Determination: At the end of the investigation, the EEOC makes a determination:
Reasonable Cause: If the EEOC finds evidence that discrimination occurred, they will attempt to resolve the charge through a formal process called **conciliation**, seeking a voluntary settlement with the employer. If conciliation fails, the EEOC may decide to file a lawsuit, or they will issue you a **Notice-of-Right-to-Sue**.
No Reasonable Cause: If the EEOC finds no violation, they will close the case and issue you a Notice-of-Right-to-Sue.
The Notice-of-Right-to-Sue
In most cases, regardless of the EEOC’s finding, they will issue a **Notice-of-Right-to-Sue**. This letter is essential if you wish to pursue your case further.
If you receive this notice, you have only 90 days to file a lawsuit in federal court.** If you don’t file within the 90-day window, you lose your right to sue the employer on the basis of that charge.
Final Thoughts
Filing a complaint with the EEOC can be a complex and often lengthy process, but it is a necessary administrative step to protect your rights under federal law. Utilize the EEOC Public Portal and be sure to adhere to all deadlines to ensure your claim is processed correctly.