What laws protect employees from workplace discrimination?
Title VII of the Civil Rights Act (race, color, religion, sex, national origin), the Age Discrimination in Employment Act (ADEA, age 40+), the Americans with Disabilities Act (ADA), the Equal Pay Act, the Pregnancy Discrimination Act, and the Genetic Information Nondiscrimination Act (GINA) are all enforced by the EEOC.
Do I need a lawyer to file a discrimination charge?
No. The EEOC (Equal Employment Opportunity Commission) allows individuals to file a Charge of Discrimination directly at eeoc.gov/filing-a-charge-of-discrimination or at any local EEOC field office. Filing is free and no attorney is required.
What is the deadline to file an EEOC charge?
You must file within 180 days of the discriminatory act in states without a fair employment agency, or 300 days in states with their own agencies (most states). Missing the deadline means the EEOC cannot investigate your charge — act promptly.
What information do I need to file an EEOC charge?
You need: your name, address, phone number; the employer's name, address, and number of employees; a description of the discriminatory act with specific dates; the basis of discrimination (race, sex, age, disability, etc.); and the harm you suffered (fired, demoted, not hired, etc.).
Can I file an EEOC charge online?
Yes. Use the EEOC Public Portal at publicportal.eeoc.gov to submit a charge online. You can also call 1-800-669-4000 to schedule an intake interview with an EEOC staff member at no cost, or visit a field office in person.
What happens after I file an EEOC charge?
The EEOC notifies your employer within 10 days. The agency may offer mediation (free and voluntary). If mediation is declined, the EEOC investigates — interviewing witnesses, requesting documents, and making a finding. Investigations typically take 10 months on average.
What is the EEOC mediation program?
EEOC mediation is a free, confidential, voluntary process where a neutral mediator helps you and your employer reach a settlement. Mediation resolves about 7,500 charges per year; when offered, it is the fastest route to resolution — often settled in one day.
What happens if the EEOC finds discrimination?
If the EEOC finds a violation, it attempts conciliation (settlement) with the employer. If conciliation fails, the EEOC can sue the employer in federal court. If the EEOC chooses not to sue, it issues you a Right to Sue letter, which you then use to file your own lawsuit.
What is a Right to Sue letter and what do I do with it?
A Right to Sue letter from the EEOC gives you permission to file a federal discrimination lawsuit in district court. You have 90 days from receiving the letter to file. You can request the letter early (before the EEOC investigation is complete) if you choose.
Does my employer know who filed the EEOC charge?
Yes — the EEOC notifies the employer (called the "respondent") and provides a copy of the charge. However, the EEOC keeps your charge's contents confidential from the public. Federal law prohibits employers from retaliating against employees who file EEOC charges.
Can I file a state discrimination complaint instead of or in addition to the EEOC?
Yes. Most states have their own civil rights agencies (California DFEH, New York Division of Human Rights, etc.) with sometimes broader protections. Filing with the EEOC automatically cross-files with your state agency in most states (called a "dual-filed" charge).
What evidence should I collect to support my discrimination charge?
Keep copies of written warnings, performance reviews, emails, texts, pay stubs, and any documentation of the discriminatory acts. Write down dates, times, locations, and names of witnesses. Save everything before you are terminated — employers often restrict access to records after discharge.
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