EEOC Process Guide

From first complaint to right-to-sue.

Five steps, written for non-lawyers. The whole process usually takes about a year.

1. 01

   Recognize the issue

   Day 1

   Before anything formal, get clear on what happened and whether it might be covered by EEOC laws.

   • Write down what happened, when, where, and who was involved — while it's fresh.
   • Note whether the conduct seems tied to your race, sex, age 40+, disability, religion, national origin, pregnancy, or because you raised a complaint.
   • Save emails, messages, schedules, and reviews to a personal device or email account.

   Preserve your evidence

   Before you do anything else, secure your documentation. Evidence can disappear quickly — employers routinely delete records, and work email accounts get shut off when someone is fired.

   Save copies to a personal device or personal email account:

   • Emails and messages involving the discrimination or the decision-makers
   • Performance reviews, written warnings, or discipline records
   • Your work schedule, timesheets, or any records showing hours or assignments
   • Text messages or chat logs (screenshot these)
   • Any witnesses' contact information you have access to

   Do not forward work emails from a work device if your employer policy prohibits it — consult an attorney first. Instead, take screenshots or write down the key details (date, sender, subject, what it said).

   Write down your account of events now. Memory fades and details matter in discrimination cases. A short written summary of what happened, when, and who was involved — written close in time to the events — can be valuable evidence in itself.

   Deadlines are short — usually 180 or 300 days from the incident depending on your state. Don't wait.

2. 02

   File a Charge of Discrimination

   Within 180–300 days

   You file a 'charge' with the EEOC. It's a written, signed statement that says your employer broke the law.

   • You can start online at the EEOC Public Portal, by phone, by mail, or in person at a field office.
   • You'll provide your contact info, the employer's info, and a short description of what happened.
   • The EEOC notifies your employer within 10 days and the case officially opens.

   In states with their own fair-employment agency ('deferral states') the deadline is usually 300 days — otherwise 180.

3. 03

   Mediation (optional)

   ~3 months

   The EEOC may offer free, voluntary mediation — a neutral third party helps you and the employer try to settle.

   • Both sides have to agree. Anything said in mediation is confidential.
   • If you settle, the charge is closed. If you don't, the charge moves to investigation.
   • Mediation is usually much faster than investigation — weeks instead of months.
4. 04

   Investigation

   ~10 months on average

   The EEOC investigates: requesting documents, interviewing witnesses, and asking your employer to respond.

   • Your employer submits a 'position statement' explaining their side. You can review it and respond.
   • The investigator may ask you for more information or a sworn statement.
   • The EEOC has authority to subpoena records if needed.

   Keep responding promptly — missed deadlines can hurt your charge.

5. 05

   Outcome & Right to Sue

   Varies

   The EEOC either finds reasonable cause to believe discrimination occurred, dismisses the charge, or you request a Notice of Right to Sue.

   • If the EEOC finds cause, it tries to settle ('conciliation'). If that fails, the EEOC may sue or issue you a Right to Sue.
   • If the EEOC dismisses or you ask after 180 days, you get a Notice of Right to Sue.
   • Once you receive the Notice, you have 90 days to file a lawsuit in federal court.

   The 90-day deadline is strict. Talk to an employment lawyer as soon as you get the Notice.