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Filing a Claim with the EEOC

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Sherrie Bennett

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The Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The EEOC, a federal agency, has authority to investigate and settle claims of illegal discrimination.

Filing an EEOC claim:

  • Many states have their own anti-discrimination agencies. Contact your state government to determine if a local agency can assist you.
  • The deadline for filing with the EEOC is 180 days from the discriminatory act. There may be a longer deadline if your state has its own investigating body.
  • You can file an EEOC claim in person, by mail or by telephone (1-800-669-4000).
  • You must provide your name, address and telephone number, and you must provide information on your employer.
  • You must provide a concise description and the dates of the discriminatory actions.

    Notes on an EEOC claim:

  • The complaint should provide the EEOC with sufficient information so that they can make an informed decision as to how to proceed.
  • More information is better. Let the EEOC determine which facts and events are important to your claim of discrimination.
  • You should include all documents that support your claim.
  • Also include the names and addresses of witnesses who may be helpful.
  • If you wish to remain anonymous, it's possible not to include your name when filing a complaint with the EEOC. However, it may be impossible for the EEOC to investigate the claim without you revealing who you are.

    After your claim is filed:

  • After the EEOC receives your complaint, it will investigate the claim by contacting your employer, interviewing witnesses, visiting the jobsite, requesting documents, etc.
  • Your employer is prohibited from taking action against you for filing a complaint or complying with an EEOC investigation. This is known as "retaliation" and can subject the employer to additional liability.
  • If there is a state or local agency with anti-discrimination authority, the EEOC will not take any action for 60 days in order to give the other agency time to act. In certain situations, the time for filing an EEOC claim may be extended to 300 days.

    Resolution of your claim:

  • If the EEOC determines illegal discrimination has occurred, it may seek a settlement between the employer and employee, or it may sue the employer in court. (It is rare that the EEOC will sue employers. The EEOC doesn't have the resources to continually engage itself in lawsuits.)
  • A settlement will attempt to make the employee "whole." It may include front pay, back pay, promotion, reinstatement, reasonable accommodation, payment of employee's fees, and other sorts of remedies.
  • If the EEOC cannot determine if illegal discrimination occurred, or if settlement with the employer is not possible, it will dismiss the claim and issue the employee a "right to sue" letter, which gives the employee 90 days in which to bring an action against the employer.

    It is always best to promptly contact the EEOC when discrimination is suspected.

    Related Web Links:

    Equal Employment Opportunity Commission

    • Discrimination Message Board for more help
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