How To File an EEOC Discrimination Complaint

A job applicant or employee may suffer real consequences due to workplace discrimination. If so, one of the first steps for taking legal action would be to file a complaint.

Below is information on filing a discrimination charge with the EEOC, including a general timeline for EEOC actions. This process is often the starting point for any legal action after consulting with an employment lawyer.

Which Government Agency Fights Discrimination at Work?

The U.S. Equal Employment Opportunity Commission (EEOC) handles most federal employment discrimination claims. In some areas, Fair Employment Practices Agencies (FEPAs) handle complaints according to local laws. FEPAs work with the EEOC for efficiency.

Both the EEOC and local FEPAs work to help complainants in the private sector. Employees in the federal sector send complaints to an Equal Employment Office (EEO) that serves the agency instead.

The EEOC handles charges for prohibited employment practices. The EEOC enforces Title VII and the Equal Pay Act. The laws enforced by the EEOC, except the Equal Pay Act, require you to file a charge before filing a lawsuit for discrimination.

The EEOC enforces laws that protect workers from discrimination and retaliation because of:

• Race
• Color
• Religion
• Sex (including sexual harassment, sexual orientation, gender identity, and pregnancy)
• National Origin
• Age discrimination
• Disability
• Genetic Information

You may also have protections under other federal, local, or state laws.

When To File an EEOC Complaint

Filing a discrimination complaint is appropriate if you experienced a protected type of unfair treatment. There are many different forms of employment discrimination.

This step generally happens after reporting discrimination to the employer. The employer has an opportunity to correct the discriminatory action or behavior. If it doesn’t resolve the problem fairly, the employee can then file with the EEOC.

Time Limits for Reporting Workplace Discrimination

The timing of your complaint matters. In many cases, employees have 180 calendar days after the alleged discrimination to file. Some state and local laws expand the deadline to 300 days.

If you are a federal employee filing against a federal government agency, your deadline may differ from other employees.

This is why waiting to file can jeopardize your options. If you wait too long, you may lose your chance to file a charge against the discriminating employer. If you aren’t sure whether you should report discrimination, talk to a lawyer or contact the EEOC for guidance.

How To Start an EEOC Charge

Begin the EEOC complaint process by contacting the EEOC office, which you can do through the following ways:

• Emailing the EEOC
• Calling the telephone number for the EEOC office
• Visiting a local field office
• Starting an online inquiry through the EEOC public portal

Contacting the EEOC about a potential violation of federal laws for job discrimination initiates the claims process. Once you file a Charge of Discrimination, the EEOC will investigate. The EEOC follows a procedure that helps them reach a final decision about whether it finds discrimination.

Is Filing a Discrimination Complaint Worthwhile?

Employees gain a few benefits from the complaint process with few downsides. These benefits apply regardless of the EEOC’s decision. Keep in mind that the particular factors of your case will affect your outcome.

First, there is no filing fee to report discrimination to the EEOC or a FEPA. Government funding allows these agencies to investigate for free.

Second, filing gives you legal protections against retaliation. Employers can’t fire or otherwise penalize an employee for asking the EEOC to investigate. This safeguard is a type of whistleblower protection under federal law.

Third, it can provide clarity about your rights. Workplace conflicts can be tense, and not all unfair circumstances are due to discrimination. Sometimes, an employer’s actions could also be unintentional discrimination. This distinction can affect how you respond to protect yourself and your career. The EEOC’s findings can help you determine whether your employer was discriminatory.

Damages for Successful Discrimination Complaints

There are limits to the EEOC's remedies and protections. There is a maximum monetary penalty for damages arising from discrimination charges.

Punitive damages, available in some cases, may be available when an employer's conduct involves serious levels of intent. Such damages may also be available for reckless or callous indifference to the federally protected rights of others.

The Debt Collection Improvement Act amended the Federal Civil Penalties Inflation Adjustment Act to require that fines for EEOC violations be increased periodically to account for inflation. Attempts to use the punitive damages available to circumvent the damages cap have been, at this stage, ineffective. However, attorney's fees may be available in addition to the statutory damages cap.

Get Legal Advice for Filing Your EEOC Complaint

Making and prosecuting an EEOC claim can be complicated. Your opponent will likely hire an attorney to assist in their defense.

You also deserve to have someone on your side to make the strongest possible discrimination complaint. If you experienced a violation of anti-discrimination laws, contact an employment law attorney. Your lawyer can explain the procedures for job discrimination and EEOC investigations.