How to file an EEOC complaint: your complete guide to fighting workplace discrimination

Updated: December 2025

When your employer breaks the law

You showed up every day, did your job well, and played by the rules. But your employer didn't. Maybe they passed you over for promotion because of your race while giving the job to someone less qualified. Maybe your supervisor made crude comments about your pregnancy and then fired you when you complained. Maybe they refused to accommodate your disability even though the accommodation would have cost almost nothing. Maybe you reported harassment and suddenly found yourself on the receiving end of every criticism and negative review.

This is workplace discrimination, and it's illegal under federal law. The Equal Employment Opportunity Commission exists to enforce these laws and help workers like you hold employers accountable. In fiscal year 2024 alone, the EEOC secured nearly $700 million in monetary relief for approximately 21,000 workers who experienced discrimination—the highest recovery in the agency's recent history.

Filing an EEOC complaint is free. You don't need a lawyer. The process is designed to be accessible to ordinary workers, not just those who can afford expensive legal representation. And despite what your employer might want you to believe, the law protects you from retaliation for asserting your rights.

But there's a catch: you have a deadline. In most cases, you must file your EEOC complaint within 180 days of the discriminatory act—or 300 days if your state has its own civil rights enforcement agency. Miss that deadline, and you may lose your right to pursue your claim forever.

This guide explains everything you need to know about filing an EEOC complaint: what discrimination looks like, how the process works, what to expect at each stage, and how to maximize your chances of a successful outcome.

The EEOC's record-breaking year

The numbers from fiscal year 2024 tell a story of an agency actively fighting for workers' rights.

| Metric | FY 2024 Result | |--------|----------------| | Total monetary recovery | $700 million | | New discrimination charges filed | 88,531 | | Increase over FY 2023 | 9%+ | | Individuals helped | ~21,000 | | EEOC litigation success rate | 97% (128 of 132 suits) | | Mediation success rate | 71%+ | | Merits lawsuits filed | 111 |

The agency recovered over $469.6 million for 13,516 workers in private sector and state/local government workplaces through mediation, conciliation, and administrative settlements. Federal employees and applicants received more than $190 million. Litigation directly resulted in over $40 million for 4,304 individuals.

When the EEOC takes a case to court, it wins. The Office of General Counsel obtained favorable settlements or judgments in 128 of the 132 lawsuits resolved in FY 2024—a 97 percent success rate. While the EEOC cannot litigate every case it investigates, the cases it does pursue overwhelmingly succeed.

The agency filed 111 merits lawsuits in FY 2024, including 76 individual relief cases, 22 non-systemic cases with multiple victims, and 13 systemic cases targeting widespread discrimination. Nearly half of these lawsuits involved sex-based claims, making sex discrimination the most commonly litigated basis. Discharge and constructive discharge appeared in 72.1 percent of new suits, while harassment claims appeared in 35.1 percent.

What counts as discrimination

Protected characteristics

Federal employment discrimination law protects workers from adverse treatment based on specific characteristics. Under Title VII of the Civil Rights Act of 1964, employers cannot discriminate based on race, color, religion, sex, or national origin. The law's definition of sex discrimination has expanded to include pregnancy, sexual orientation, and gender identity following Supreme Court decisions and EEOC interpretation.

The Age Discrimination in Employment Act protects workers who are 40 years old or older from discrimination based on age. This law applies to employers with 20 or more employees—a slightly higher threshold than Title VII's 15-employee minimum.

The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations that allow disabled workers to perform essential job functions. The Genetic Information Nondiscrimination Act prevents employers from using genetic information—including family medical history—in employment decisions.

The Pregnant Workers Fairness Act, which took effect in 2023, requires employers to provide reasonable accommodations for limitations related to pregnancy, childbirth, and related medical conditions. EEOC received 2,729 charges under this new law in FY 2024, up dramatically from just 188 charges in 2023 as awareness grew.

Types of discrimination

Discrimination takes many forms, some obvious and some subtle. Understanding what constitutes illegal discrimination helps you recognize when your rights have been violated.

Disparate treatment occurs when an employer intentionally treats you differently because of a protected characteristic. This is the most straightforward form of discrimination: you were denied a promotion because of your race, fired because of your religion, or paid less because of your sex. The employer's motive is discriminatory, even if they don't explicitly admit it.

Disparate impact occurs when a facially neutral policy disproportionately affects members of a protected group without sufficient business justification. For example, a height requirement that screens out most women or a criminal background policy that disproportionately excludes Black applicants may constitute discrimination even if the employer didn't intend to discriminate.

Harassment based on protected characteristics becomes illegal when it is severe or pervasive enough to create a hostile work environment, or when enduring the harassment becomes a condition of continued employment. Sexual harassment—including unwanted advances, requests for sexual favors, and offensive comments—is the most commonly recognized form, but harassment based on race, religion, disability, or other protected characteristics is equally illegal.

Retaliation occurs when an employer punishes you for engaging in protected activity: filing a discrimination complaint, participating in an investigation, opposing discriminatory practices, or requesting reasonable accommodations. Retaliation was the most common charge filed with the EEOC in recent years, appearing in 46,047 charges in FY 2023 and 42,301 charges in FY 2024.

Failure to accommodate occurs when an employer refuses to provide reasonable modifications that would allow a qualified person with a disability or sincerely held religious belief to perform their job. The employer must engage in an interactive process to identify possible accommodations and cannot simply refuse without exploring options.

Real cases, real consequences

The settlements and judgments the EEOC has obtained demonstrate what's at stake for employers who discriminate.

In December 2025, Columbia University agreed to pay $21 million to settle EEOC charges of antisemitism affecting employees—the largest public EEOC settlement in almost 20 years. Workers who experienced discrimination on Columbia's campus can now file claims to receive compensation from this historic fund. The case highlighted how discrimination based on religion can pervade even prestigious institutions.

In 2024, the EEOC resolved hiring discrimination claims against BaronHR, LLC, a nationwide staffing agency, for $2.2 million. The agency found that BaronHR screened out job applicants based on their race (Black, Asian, and white), national origin (non-Hispanic), sex, and disabilities. In a related case, Radiant Services paid $1.1 million for similar hiring discrimination. These cases show that discrimination in the hiring process—often invisible to rejected applicants—can be uncovered and punished through EEOC investigation.

The agricultural industry faced accountability when Sunshine Raisin and Select Staffing paid $2.5 million combined to settle claims of discrimination and harassment against female farmworkers. The case demonstrated that workers in vulnerable positions, including immigrant workers, are protected by federal law.

Nevada Restaurant Services agreed to pay $1.2 million in 2025 to settle sexual harassment and constructive discharge claims. Workers who were subjected to harassment and forced out of their jobs because of it will receive compensation and the company must implement reforms to prevent future violations.

These cases represent the tip of the iceberg. The vast majority of EEOC charges are resolved through mediation or conciliation without litigation, often with confidential settlement terms. The settlements that become public typically involve the most egregious conduct or the largest monetary amounts.

The critical deadline

180 days vs. 300 days

The most important thing to understand about filing an EEOC complaint is the deadline. In most cases, you must file within 180 days of the discriminatory act. However, if your state has a Fair Employment Practices Agency (FEPA) that enforces state discrimination laws, the deadline extends to 300 days.

Most states have FEPAs, which means most workers have 300 days to file. But you should not assume you have the longer deadline—verify with the EEOC or check your state's laws. If you're anywhere close to the deadline, file immediately. You can always provide additional evidence and details later, but you cannot recover the right to file once the deadline passes.

The deadline runs from the date of the discriminatory act. For discrete actions like termination, demotion, or denial of promotion, the clock starts on the date the action occurred. For ongoing harassment, the deadline may be measured from the most recent incident. For pay discrimination, each paycheck reflecting discriminatory pay may restart the clock under the Lilly Ledbetter Fair Pay Act.

Don't wait for "enough evidence"

One of the biggest mistakes workers make is waiting to gather "all the evidence" before filing. This is backwards. File first, then continue gathering evidence. The EEOC has subpoena power to obtain documents from your employer—power you don't have as an individual. Your employer is legally required to preserve evidence once they receive notice of an EEOC charge.

If you're approaching your deadline and feel you don't have enough evidence, file anyway. A bare-bones complaint filed on time is infinitely more valuable than a perfect complaint filed too late. You can supplement your charge with additional information after filing.

How to file your complaint

Three ways to initiate contact

The EEOC offers multiple ways to begin the complaint process, allowing you to choose the method that works best for your situation.

The EEOC Public Portal at publicportal.eeoc.gov is the fastest and most convenient option. Available 24 hours a day, 7 days a week, the portal allows you to submit an online inquiry describing your situation. You can upload documents, track your submission, and receive communications from the EEOC electronically. For workers approaching their deadline, the portal ensures you can file even outside business hours.

You can call the EEOC at 1-800-669-4000 (TTY 1-800-669-6820) Monday through Friday, 8 AM to 8 PM Eastern Time. A representative will ask about your situation and help determine whether the EEOC can assist you. Phone intake is useful if you have questions about whether your situation qualifies or need guidance on the process.

You can visit your local EEOC field office in person. The EEOC has 53 field offices across the country. In-person visits allow for detailed discussion of your situation and immediate assistance with paperwork. Find your nearest office at eeoc.gov/field-office.

Whichever method you choose, the initial contact begins the process—you don't need to have everything figured out to start.

The intake process

After initial contact, the EEOC will schedule an intake interview or provide you with a questionnaire to complete. During intake, you'll provide details about your employer, including the company name, address, approximate number of employees, and the name of your supervisor or the person who discriminated against you.

You'll describe what happened: the specific incidents of discrimination, the dates they occurred, what was said or done, and who was involved. Be as specific as possible—exact quotes, precise dates, and concrete examples are more persuasive than vague generalizations.

You'll explain why you believe the treatment was discriminatory. What protected characteristic do you believe motivated the discrimination? How do you know? Were similarly situated workers outside your protected class treated better? Did anyone make comments revealing discriminatory intent?

You'll identify witnesses who can corroborate your account. Coworkers who observed discriminatory treatment, supervisors who heard inappropriate comments, HR representatives who received your complaints—anyone who has relevant information should be identified.

You'll describe any internal complaints you made and how your employer responded. Did you report the discrimination to HR? Did you file a formal complaint? What did your employer do in response? If they failed to investigate or take corrective action, that's relevant information.

The formal charge

Based on your intake, the EEOC will determine whether to accept your complaint as a formal charge of discrimination. If accepted, you'll receive a charge number that identifies your case, and the EEOC will notify your employer within 10 days. This notification triggers your employer's obligation to preserve evidence and their right to respond to your allegations.

The formal charge is a legal document alleging that your employer violated federal employment discrimination law. It identifies the protected characteristic(s) at issue, the discriminatory acts alleged, and the dates of those acts. The charge becomes part of your permanent EEOC file and forms the basis for any subsequent investigation or litigation.

In some cases, the EEOC may decline to accept a charge for investigation—typically due to resource constraints rather than the merits of your claim. In these situations, the EEOC may issue an immediate "Notice of Right to Sue" letter, allowing you to file a lawsuit in federal court without waiting for an investigation. This doesn't mean your case is weak; it means the EEOC cannot devote resources to investigate it directly.

The investigation and resolution process

Mediation: the fast track

Before or instead of a formal investigation, the EEOC may offer mediation—a voluntary process where a neutral mediator helps you and your employer reach a settlement. Mediation is free, confidential, and typically resolves cases much faster than investigation.

The EEOC's mediation program has an impressive track record. In FY 2024, over 71 percent of private sector mediations resulted in resolution, and the program secured $243.2 million in benefits for charging parties—a 20.8 percent increase from 2023.

Mediation works because it allows both sides to have a conversation they couldn't have on their own. The mediator—a trained neutral party—facilitates discussion, helps identify common ground, and proposes potential solutions. Employers often prefer mediation because it resolves matters quickly and confidentially without the reputational damage of a public lawsuit. Workers often prefer mediation because it provides faster resolution and guaranteed payment rather than years of uncertainty.

Both parties must agree to mediate. If either side refuses or if mediation fails to produce agreement, the case proceeds to investigation. Statements made during mediation are confidential and cannot be used in subsequent proceedings.

Formal investigation

If mediation doesn't occur or doesn't resolve your charge, the EEOC may conduct a formal investigation. The investigator assigned to your case will gather evidence from both sides.

The investigation typically includes requesting relevant documents from your employer: personnel files, performance reviews, emails, policies, and other records. The EEOC has subpoena power to compel document production if the employer refuses to cooperate voluntarily.

The investigator may interview witnesses identified by both parties. They may visit the workplace, review statistical data about hiring or promotion patterns, and consult with experts on particular issues.

You'll have opportunities to respond to your employer's position statement and provide additional evidence or witnesses. Stay engaged with your investigator and respond promptly to requests for information.

Investigations typically take 6 to 10 months, though complex cases can take longer. If you've been waiting more than 180 days since filing, you can request a "Notice of Right to Sue" letter and proceed directly to federal court without waiting for the EEOC to complete its investigation.

Determination and next steps

At the conclusion of its investigation, the EEOC issues a determination. There are two possible outcomes.

If the EEOC finds "reasonable cause" to believe discrimination occurred, it will attempt conciliation—settlement negotiations between you, your employer, and the EEOC. Conciliation gives your employer a chance to resolve the matter before litigation. If conciliation fails, the EEOC may decide to file a lawsuit on your behalf. The EEOC's 97 percent litigation success rate means that cases the agency takes to court overwhelmingly succeed.

If the EEOC does not find reasonable cause, it will issue a "Dismissal and Notice of Rights" letter explaining that it could not establish a violation based on the evidence gathered. This does not mean discrimination didn't occur—it means the EEOC couldn't prove it with the evidence available. You still receive a Right to Sue letter and can still file a lawsuit.

Many successful employment discrimination lawsuits follow EEOC "no cause" determinations. The EEOC investigation is not the final word—courts may reach different conclusions based on evidence developed in litigation. Do not give up simply because the EEOC didn't find reasonable cause.

The 90-day lawsuit deadline

Whether you receive a Right to Sue letter after investigation or request one early, you have exactly 90 days from receiving the letter to file a lawsuit in federal court. This deadline is strictly enforced. Miss it, and you lose your right to sue—even if you have an otherwise strong case.

If you receive a Right to Sue letter, consult with an employment attorney promptly. Many offer free consultations and work on contingency, meaning they only get paid if you win. Finding the right attorney takes time, and you need every day of that 90-day window.

Building your case

Documentation is everything

The strength of your case depends largely on the evidence you can present. Start documenting from the moment you experience or witness discrimination.

Keep a detailed log of every discriminatory incident. Record the date, time, location, what happened, who was involved, and who witnessed it. Use specific language—write down exact quotes rather than paraphrasing. "He said I was too old to learn the new system" is more powerful than "He made age-related comments."

Preserve all written communications. Emails, text messages, performance reviews, disciplinary notices, HR complaints, and written responses to those complaints all constitute evidence. If communications occur through your employer's systems, send copies to your personal email or take screenshots before your access is terminated.

Keep copies of personnel documents. Your job offer letter, employment contract, employee handbook, and any policies relevant to your situation may be important. Performance reviews showing strong performance undermine claims that you were fired for cause.

Identify witnesses and document what they saw or heard. Coworkers who witnessed harassment, supervisors who made discriminatory comments, HR representatives who received complaints—their testimony may be crucial.

Document comparators: workers outside your protected class who were treated better in similar situations. If you were fired for a mistake that white colleagues made without consequence, those comparisons support your case. If you were denied a promotion given to a less-qualified male coworker, document the qualifications of both candidates.

What if you don't have documentation?

Many workers realize they should have documented discrimination only after it's too late. Don't let missing documentation stop you from filing.

The EEOC can subpoena records from your employer. Emails you don't have copies of may still exist on your employer's servers. Personnel files, performance records, and internal communications can be obtained through the investigation process or litigation discovery.

Witness testimony can establish facts even without written documentation. Coworkers who saw what happened or heard discriminatory comments can provide crucial evidence. The EEOC investigator can interview these witnesses.

Circumstantial evidence often proves discrimination. Patterns in hiring, promotion, or discipline that correlate with protected characteristics can establish discrimination even without a "smoking gun" admission. Statistical disparities in an employer's workforce may support your claims.

Your own testimony is evidence. Courts and investigators regularly find discrimination based on the credible testimony of the victim, especially when corroborated by other evidence or undermined by employer inconsistencies.

Protecting yourself from retaliation

Retaliation is illegal

Many workers fear that filing an EEOC complaint will make their work situation worse. This fear is understandable—but retaliation for filing an EEOC charge is itself illegal, and you can file a separate retaliation charge if it occurs.

Retaliation includes any adverse action taken because you engaged in protected activity. Firing, demotion, pay cuts, schedule changes, negative performance reviews, increased scrutiny, social ostracism, or any other treatment that would discourage a reasonable person from filing a complaint may constitute illegal retaliation.

The timing of adverse actions is often key evidence of retaliation. If you've had good performance reviews for years and suddenly receive poor reviews after filing an EEOC charge, the timing suggests retaliation. If you're fired shortly after complaining about discrimination, courts will scrutinize the employer's stated reasons carefully.

Documenting retaliation

If you experience retaliation after filing an EEOC charge, document it carefully using the same techniques described above. The EEOC can add retaliation allegations to your existing charge or allow you to file a separate charge.

Retaliation claims often succeed even when the underlying discrimination claim does not. Courts take retaliation seriously because it undermines the entire system of employment discrimination enforcement. Workers must feel free to report discrimination without fear of punishment.

Special situations

Federal employees

Federal government employees have different procedures for discrimination complaints. You must contact your agency's Equal Employment Opportunity office within 45 days of the discriminatory act to initiate EEO counseling. If counseling doesn't resolve the issue, you can file a formal complaint with your agency, which will investigate and issue a final decision.

You can appeal the agency's decision to the EEOC's Office of Federal Operations or file a lawsuit in federal court. The EEOC secured over $190 million for federal employees and applicants in FY 2024.

Small employers

Title VII and the ADA apply to employers with 15 or more employees. The ADEA applies to employers with 20 or more employees. If your employer is smaller than these thresholds, you may still have recourse under state or local law—many states extend discrimination protections to smaller employers.

The Equal Pay Act, which requires equal pay for equal work regardless of sex, applies to virtually all employers with no minimum size requirement.

Arbitration agreements

Many employers require workers to sign arbitration agreements waiving the right to sue in court. These agreements may affect your ability to litigate discrimination claims, but they do not prevent you from filing an EEOC charge.

The EEOC is a government agency, not a private party, and it can pursue claims regardless of private arbitration agreements. If the EEOC investigates your charge and decides to sue your employer, the arbitration agreement doesn't apply to the EEOC's lawsuit.

If you receive a Right to Sue letter and want to pursue individual litigation, consult with an attorney about whether your arbitration agreement is enforceable and what options you have.

Working with attorneys

When to get a lawyer

You don't need a lawyer to file an EEOC charge—the process is designed to be accessible without legal representation. However, legal representation becomes more valuable at certain stages.

If you receive a Right to Sue letter and want to file a federal lawsuit, you should strongly consider hiring an attorney. Federal court litigation is complex, with strict procedural rules and sophisticated defendants who will be represented by experienced employment defense lawyers.

If mediation is offered and significant money is at stake, an attorney can help you evaluate settlement offers and negotiate effectively. Many employment attorneys will consult on mediation strategy even if you're handling the case yourself.

If your case involves complex legal issues—mixed motives, systemic discrimination, statistical evidence, or novel applications of discrimination law—an attorney's expertise can be crucial.

Finding the right attorney

Employment attorneys who represent workers (as opposed to employers) typically work on contingency, meaning they receive a percentage of any recovery—usually 33 to 40 percent—but charge nothing upfront if you don't win. This arrangement makes legal representation accessible to workers who couldn't otherwise afford it.

When evaluating attorneys, ask about their experience with employment discrimination cases specifically. Ask about their track record—what results have they obtained? Ask about their communication practices—how will they keep you informed? Ask about their assessment of your case—what do they see as the strengths and weaknesses?

Many attorneys offer free initial consultations. Use these meetings to assess not only legal expertise but also whether you feel comfortable working with the attorney. Employment discrimination cases can take years; you need a lawyer you trust.

Resources

EEOC resources

The EEOC Public Portal at publicportal.eeoc.gov allows you to file complaints, submit documents, and track your case online. The EEOC main website at eeoc.gov provides information about discrimination laws, filing procedures, and your rights.

Call 1-800-669-4000 (TTY 1-800-669-6820) to speak with an EEOC representative. Hours are Monday through Friday, 8 AM to 8 PM Eastern Time. Find your local EEOC field office at eeoc.gov/field-office.

Legal assistance

The National Employment Law Project at nelp.org advocates for workers' rights and provides resources on employment law. Your state bar association likely maintains a lawyer referral service that can connect you with employment attorneys in your area.

If you cannot afford an attorney, legal aid organizations in your area may provide free assistance for employment discrimination cases. Search for "[your city/county] legal aid employment" to find local resources.

Know your rights

The EEOC publishes detailed guidance on each type of discrimination it enforces. These resources explain the law, provide examples, and answer frequently asked questions. Visit eeoc.gov and navigate to the specific topic relevant to your situation.

Your state likely has its own civil rights enforcement agency with additional protections and resources. These agencies often have longer filing deadlines and may cover smaller employers or additional protected characteristics not covered by federal law.

Conclusion: your rights matter

Workplace discrimination is not just unfair—it's illegal. The law recognizes that workers should be judged on their abilities, not their race, sex, religion, age, disability, or other protected characteristics. When employers violate these laws, workers have the right to hold them accountable.

The EEOC exists to enforce these rights. In FY 2024, the agency recovered nearly $700 million for workers who experienced discrimination—more than ever before. Its 97 percent litigation success rate demonstrates that when the EEOC takes cases to court, it wins.

But the system only works if workers come forward. Every charge filed, every investigation conducted, and every settlement reached sends a message to employers that discrimination has consequences. Your complaint doesn't just protect you—it helps create workplaces where discrimination is less likely to occur in the first place.

If you've experienced workplace discrimination, don't let fear or uncertainty stop you from acting. The deadline to file is real and strictly enforced, but the process itself is designed to be accessible. You don't need a lawyer to start. You don't need perfect evidence. You just need to take the first step before your deadline expires.

File your complaint. Assert your rights. Hold your employer accountable.

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This guide provides general information about filing EEOC complaints. It does not constitute legal advice. Employment discrimination law is complex, and individual circumstances vary. Consult with an employment attorney for guidance on your specific situation.

Sources: EEOC FY 2024 Annual Performance Report, EEOC Enforcement and Litigation Statistics, EEOC Newsroom

Last Updated: December 2025