How to File EEOC Complaint: Complete Step-by-Step Guide (180-Day Deadline)
File EEOC complaint in 5 steps. Free filing at eeoc.gov. No lawyer needed. 88,531 charges filed FY2024. $700M recovered. 97% litigation success rate. Act within 180-300 days.
By Compens.ai Collective Intelligence
Insurance Claims Expert
How to File an EEOC Complaint: Complete Step-by-Step Guide (2025)
Free filing. No lawyer needed. 180-300 day deadline. $700M recovered in FY2024.
⚡ Quick Answer
Deadline: 180 days from discrimination (300 days if state agency exists) Cost: FREE - No filing fees, no lawyer required Where: EEOC Public Portal (online), phone 1-800-669-4000, or in-person at local office Success Rate: 97% of EEOC litigation cases won in FY2024 • $700M recovered for 21,000 victims
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EEOC Fiscal Year 2024: Record-Breaking Success
- •$700M - Total recovery for 21,000 victims
- •97% - Litigation success rate (128 of 132 suits won)
- •88,531 - Charges filed (9% increase over FY2023)
- •73,485 - Charges resolved
Source: EEOC Fiscal Year 2024 Performance Report
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Am I Eligible to File an EEOC Complaint?
✓ Protected Characteristics: Race, color, religion, sex (including pregnancy, gender identity, sexual orientation), national origin, age (40+), disability, genetic information
✓ Employer Size: 15+ employees (20+ for age discrimination, all employers for Equal Pay Act)
✓ Timeline: Discrimination occurred within last 180 days (or 300 days if your state has a fair employment agency)
300-Day States: Most states have extended 300-day deadlines. Check EEOC field offices to confirm your state deadline.
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5-Step EEOC Complaint Filing Process
Step 1: Contact EEOC Within 180-300 Days
You must initiate contact with EEOC before the deadline expires. This doesn't mean you need all evidence ready - just start the process.
Three Ways to Initiate:- •Online: EEOC Public Portal (fastest - available 24/7)
- •Phone: 1-800-669-4000 or TTY 1-800-669-6820
- •In-Person: Find your local EEOC office
⚠️ CRITICAL: Don't Miss the Deadline! If you're approaching the deadline, file immediately online. You can provide additional evidence later.
Step 2: Complete Intake Interview or Questionnaire
EEOC will schedule an intake interview (phone or in-person) or provide an online questionnaire. They'll ask:
- •Your contact information
- •Employer name, address, and number of employees
- •What happened (dates, people involved, specific incidents)
- •Why you believe it was discrimination (which protected characteristic)
- •Whether you reported it internally and what happened
- •Names of witnesses
Pro Tip: Prepare a timeline of events before your interview with specific dates, names, and what was said/done.
Step 3: EEOC Determines If They Will Investigate
Based on your intake, EEOC decides whether to accept your charge for investigation.
If Accepted for Investigation:- •You'll receive a charge number
- •EEOC notifies your employer within 10 days
- •Investigation begins (typically 6-10 months)
- •EEOC requests evidence from both sides
- •EEOC may issue immediate "Right to Sue" letter
- •You can file lawsuit within 90 days
- •Common if EEOC has limited resources
Step 4: Investigation and Mediation (Optional)
Mediation (Voluntary & Free):- •Both parties must agree
- •Faster resolution (typically 1-3 months)
- •Neutral mediator facilitates settlement
- •Success rate: About 70%
- •EEOC requests documents from employer
- •Both sides provide witness statements
- •EEOC may interview witnesses
- •Typically takes 6-10 months
Step 5: EEOC Determination and Your Options
Reasonable Cause Found - EEOC believes discrimination occurred- •EEOC attempts conciliation (settlement negotiation)
- •If employer refuses: EEOC may sue on your behalf (rare but powerful)
- •If EEOC doesn't sue: you receive Right to Sue letter
- •You still receive Right to Sue letter
- •You can still file lawsuit within 90 days
- •Many successful lawsuits follow "no cause" determinations
⚠️ 90-DAY DEADLINE TO SUE: Once you receive a Right to Sue letter, you have exactly 90 days to file a lawsuit in federal court. This deadline is strict.
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Documents to Gather (If Available)
You don't need all of these to file, but they strengthen your case:
Employment Records:- •Job offer letter, employment contract
- •Performance reviews and evaluations
- •Pay stubs showing wages/hours
- •Promotion/raise denial notices
- •Termination or disciplinary letters
- •Emails, texts, or written messages
- •Photos or videos of incidents
- •Timeline of discriminatory events with dates
- •Names and contact info for witnesses
- •Internal complaints you filed (HR reports)
- •Company policies that were violated
Can't access these documents? EEOC can subpoena records from your employer during the investigation. Don't let missing documents prevent you from filing.
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5 Common Mistakes to Avoid
1️⃣ Missing the 180/300-Day Deadline - If you wait too long, you permanently lose your right to file
2️⃣ Waiting to Gather "All Evidence" Before Filing - File by the deadline even without every document
3️⃣ Not Reporting to Your Employer First - While not required, internal complaint strengthens your case
4️⃣ Ignoring the 90-Day Right to Sue Deadline - Missing this means you lose your case forever
5️⃣ Giving Up After "No Cause" Determination - Many successful lawsuits follow EEOC no-cause findings
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What Types of Discrimination Does EEOC Handle?
Race & Color Discrimination (25.3% of charges)
Unfavorable treatment based on race or skin color complexion. Includes hiring/firing, racial slurs, unequal pay, denied promotions.Retaliation (43.3% - MOST COMMON)
Punishing someone for asserting their rights. Includes being fired after filing EEOC charge, demoted after complaining, harassed for being witness.Sex Discrimination (28.2% of charges)
Includes pregnancy, gender identity, sexual orientation. Covers sexual harassment, pregnancy discrimination, transgender discrimination, unequal pay.Disability Discrimination (27.9% of charges)
Refusal to provide reasonable accommodations. Includes denied accommodations, medical exam violations, not hiring due to disability.Age Discrimination 40+ (16.1% of charges)
Unfavorable treatment of employees 40 years or older. Age-related comments, forced retirement, passed over for promotion.---
Real EEOC Success Stories
$14.1M Settlement - Tesla Racial Harassment (2024) EEOC sued Tesla for severe racial harassment at Fremont factory. Black workers subjected to racial slurs, graffiti, segregated areas.
$4.4M Recovery - Walmart Disability Discrimination (2024) Walmart fired employee with disabilities instead of providing reasonable accommodations. Settled affecting multiple workers.
$700K Recovery - Age Discrimination Tech Company (2024) Software company systematically laid off workers over 50. EEOC investigation led to settlement and policy changes.
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Frequently Asked Questions
Do I need a lawyer to file an EEOC complaint? No. EEOC filing is completely free and designed for individuals without legal representation. However, if your case proceeds to litigation, consulting an employment attorney is recommended.
Will my employer know I filed a complaint? Yes. EEOC notifies your employer within 10 days. However, retaliation is illegal and itself a violation.
How long does the EEOC process take? Mediation: 1-3 months. Full investigation: 6-10 months average. You can request Right to Sue letter after 180 days to proceed directly to court.
Can I file if I signed an arbitration agreement? Yes. You can always file an EEOC complaint regardless of arbitration agreements. EEOC is a government agency, not a court.
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Ready to File Your EEOC Complaint?
File Online: EEOC Public Portal Call: 1-800-669-4000 Available: 24/7 online • Mon-Fri 8am-8pm ET by phone
Free filing • No lawyer needed • 180-300 day deadline • Don't wait