How to File an EEOC Complaint

Filing an EEOC charge is the required first step for most workplace discrimination and harassment claims. Who can file, the deadlines, and the process.

Last updated June 21, 2026 By LawfareClaims.org

For most workplace discrimination and harassment claims, filing a charge with the EEOC (Equal Employment Opportunity Commission) is a required first step before you can sue. Here's who can file, the deadlines, and how the process works.

Who can file, and the deadline

Employees and job applicants who believe they faced discrimination based on a protected characteristic can file. The deadline is short: generally 180 calendar days from the discriminatory act, extended to 300 days if a state or local agency also enforces the law. Don't wait — missing the window usually ends the claim.

How to file an EEOC charge

  1. Start online through the EEOC Public Portal, by phone, or at a field office.
  2. Provide your information, the employer, and a description of what happened and when.
  3. The EEOC notifies the employer and may offer mediation.
  4. The agency investigates; it may find cause, dismiss, or take no position.
  5. You receive a Notice of Right to Sue — which lets you take the case to court (you generally have 90 days from that notice).

Retaliation is illegal

Your employer cannot lawfully punish you for filing a charge or participating in an investigation.

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