How to File a Charge of Discrimination With the EEOC

The United States Equal Employment Opportunity Commission is the federal agency charged with enforcing Federal employment laws. The EEOC investigates and, in some instances, brings legal action against employers who have discriminated against employees on the basis of protected classifications such as race, gender, age, national origin, religion and pregnancy. The EEOC also enforces the federal prohibitions against sexual harassment in the workplace. Before the EEOC can investigate charges of discrimination or harassment, an aggrieved employee must file a charge of discrimination with the EEOC. An employee can take this action with or without the assistance of an attorney.

Things You'll Need

• Local EEOC district office
• Evidence upon which claim of discrimination is based

Instructions

1. Gather all documents that you believe evidence discriminatory conduct by the employer. Prepare written notes of relevant dates, comments and witnesses.

2. Visit the EEOC office for the district in which your employer is located. Districts and locations can be discovered from the EEOC website found at eeoc.gov.

3. Request and complete the charge of discrimination form document. It will request personal identifying information about you and the employer and a brief description of why you contend you were discriminated against.

4. Answer all questions and requests for information that the EEOC may have during the initial meeting, which is known as an intake conference. Many times, the EEOC investigator will ask for such details as witness names and also request substantiating documents.

5. Respond to future inquiries the investigator may have as the investigation proceeds. Ensure that the investigator has accurate contact information for you at all times during the investigation.

Tips & Warnings

• The EEOC is a very busy government agency that must process thousands of charges each month. You will improve your chances of an efficient and well-coordinated investigation by being well-organized with your information and initial presentation.

• Keep the name and contact information of the EEOC investigator assigned to your case. Report any relevant developments that unfold after the charge has been filed.

• Although federal laws prohibit employers from retaliating against an employee for filing an EEOC charge, retaliatory actions sometimes occur. If they do, report these to the EEOC immediately.

• Federal law imposes a relatively short deadline for filing an EEOC charge of discrimination. In general, the charge must be filed within 180 days of the discriminatory action at issue.

References

• The U.S. Equal Employment Opportunity Commission: Federal Laws Prohibiting Job Discrimination Questions And Answers