How to File an EEOC Complaint

Before you can sue your employer for federal discrimination, you almost always have to file a charge with the Equal Employment Opportunity Commission first. The process is free, doesn't require a lawyer, but does have strict deadlines that catch a lot of people off guard.

1. 180 or 300-day deadline

You have 180 days from the discriminatory act to file a charge — extended to 300 days if your state has a parallel agency. Texas, Arizona, Nevada, and New Mexico all qualify for the 300-day window. Miss it and the federal claim is barred.

2. How to start a charge

Start online at eeoc.gov/public-portal, by phone with the EEOC's intake line, or in person at a field office. You'll describe what happened, who did it, and which protected class is involved (race, sex, age, etc.).

3. Investigation phase

EEOC notifies your employer and gathers responses, may interview witnesses, and may request documents. The process can take 6 months to a few years depending on workload and complexity.

4. Mediation as a fast track

EEOC offers free mediation early in the process. If both sides agree, an EEOC-trained mediator helps reach a settlement in a half-day session. Many cases resolve here, often within a few months of filing.

5. Right-to-sue letter

Whether the EEOC finds cause or not, eventually you'll get a Notice of Right to Sue. From the date of that notice, you have 90 days to file a federal lawsuit. State law claims may have different deadlines.

Start a Free Chat Find a Employment Attorney

Need a employment attorney? Browse partner attorneys for Employment & Workplace

NotALawyer.com provides general legal information, not legal advice.