How to File an EEOC Complaint: Step-by-Step

Filing an EEOC complaint (officially called a "charge of discrimination") is more straightforward than most people expect. The process is designed to be accessible without legal representation, and EEOC staff can help you along the way.

You don't need a perfect case to file. The EEOC investigates. Your job is to provide your account and documentation, not to prove discrimination beyond doubt before you even begin.

Overview of the Process

Filing involves four main steps:

1. Gathering your documentation
2. Submitting an inquiry or charge
3. Completing the formal charge
4. Cooperating with the investigation

You don't need a lawyer to file, though legal assistance can be helpful in complex cases.

Before You File: Gather Documentation

Before starting, collect your records:

Accommodation request history: Emails, letters, and written responses from your employer

Timeline of events: When you requested accommodation, when it was denied, dates of any discrimination or retaliation(definition available)

Evidence of discrimination: Emails, texts, performance reviews, witness information

Employer information: Legal name, address, approximate number of employees

Your employment details: Job title, dates of employment, work location

• Organizing this information before you file makes the process smoother and helps you tell your story clearly.

Three Ways to File

Online

Through the EEOC Public Portal at publicportal.eeoc.gov, you can:

• Submit an inquiry or formal charge
• Upload supporting documents
• Communicate with the EEOC securely
• Track your charge status
• This is often the most convenient option and is available 24/7.

In Person

Visit any EEOC field office to:

• Discuss your situation with an intake specialist
• Get help completing the charge form
• File your charge directly

Find your nearest office at eeoc.gov/field-office. Some offices require appointments, so call ahead.

By Mail

Send a signed letter to your local EEOC office containing:

• Your contact information
• Your employer's contact information
• A description of what happened and when
• Why you believe it was discrimination
• Your signature
• The EEOC will follow up to formalize your charge.

The Filing Process Step-by-Step

Step 1: Initial Contact (Intake)

When you first contact the EEOC, online, in person, or by phone, you'll complete an intake questionnaire. This helps the EEOC understand your situation and determine whether they can help.

You'll provide:

• Basic information about yourself and your employer
• A description of what happened
• The dates of the events
• Whether you've filed elsewhere
• This inquiry isn't your formal charge yet, but it starts the process and establishes contact.

Step 2: Interview

An EEOC representative will contact you to:

• Review your allegations
• Ask clarifying questions
• Explain your options, including mediation
• Help you decide whether to proceed with a formal charge
• This interview can happen by phone, video, or in person.

Step 3: File the Formal Charge

If you decide to proceed, you'll complete and sign the formal charge form. This document:

• Identifies your employer
• Describes the discrimination
• Specifies the laws you believe were violated
• Includes your signature affirming the information is true
• Review this document carefully before signing, it becomes the basis for the EEOC's investigation.

Step 4: Employer Notification

Once you file, the EEOC notifies your employer (called the "respondent") within about 10 days. Your employer receives:

• A copy of your charge
• A request to respond
• Information about mediation options

The Mediation Option

Before investigation begins, the EEOC may offer mediation:

• Voluntary: Both you and your employer must agree
• Confidential: What's said can't be used later
• Free: The EEOC provides the mediator at no cost
• Faster: Cases typically settle within a few months

Mediation can be a good option if you want resolution without a lengthy investigation. You can still proceed with investigation if mediation doesn't work.

What to Include in Your Charge

Your charge should clearly describe:

Who discriminated: Names and positions of people involved

What happened: Specific actions, denied accommodation, termination, harassment

When it happened: Dates are important for establishing timeliness

Why it was discriminatory: How your disability related to the treatment

How you were harmed: Lost wages, emotional distress, career impact

Be specific but stick to facts. Don't exaggerate, but don't minimize either.

Common Mistakes to Avoid

Missing the deadline: The 180/300-day deadline is strict. File promptly.

Being too vague: General complaints are harder to investigate than specific incidents.

Filing in the wrong place: Make sure you're filing with the right agency.

Forgetting to sign: Unsigned charges aren't valid.

Not keeping copies: Always keep copies of everything you submit.

Your Rights During the Process

While your charge is pending:

• Retaliation is illegal. Your employer cannot punish you for filing.
• You can request updates from the EEOC about your case's progress.
• You can withdraw your charge if you resolve things directly with your employer.
• After 180 days, you can request a right-to-sue letter if you want to file a lawsuit directly.

What This Means for You

Filing with the EEOC is a formal but accessible process. You don't need a lawyer, though one can help. The key is being organized, specific, and timely. The EEOC process is designed to give you a path to resolution, whether through mediation, investigation, or by preserving your right to go to court.

Next Steps

What Happens After I File with the EEOC?: Understanding the investigation process

Do I Need a Lawyer to File with the EEOC?: When legal help adds value

What Evidence Do I Need for an EEOC Complaint?: Building your case

EEOC vs State Agencies: Which Should I File With?: Understanding your options

---

Disclaimer: This article provides general information about filing EEOC complaints and is not legal advice. If you have questions about your specific situation, consult with a qualified employment attorney or contact the EEOC directly.