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For most private-sector workers and applicants, filing starts with an inquiry and intake interview through the U.S. Equal Employment Opportunity Commission (EEOC) Public Portal, followed by a completed, signed charge. The deadline is often 180 days from the discriminatory act, but it may be 300 days in some locations and claims—so contact the EEOC or a qualified employment lawyer promptly rather than relying on a generic deadline estimate.
Scope: This guide covers the standard process for non-federal employment matters. Federal employees and applicants for federal jobs use a different complaint procedure. Equal Pay Act claims also have distinct rules; not every wage claim follows the same prerequisites as a Title VII or other EEOC-enforced claim.
Check the deadline before anything else
The general EEOC filing deadline is 180 calendar days from the alleged discriminatory act. It may extend to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis. Age discrimination claims have a distinct condition for the 300-day extension. The applicable deadline depends on the claim and location, so confirm it with the EEOC or a qualified lawyer.
Do not assume that an internal grievance, union process, or other dispute procedure pauses the EEOC deadline. If the deadline may be close, contact the EEOC immediately. The agency says that when 60 days or fewer remain, the Public Portal gives special directions for quickly providing the necessary information; that is an urgency measure, not a promise that the deadline will be extended. See the EEOC’s filing instructions.
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1. Submit an inquiry and schedule an intake interview
Use the EEOC Public Portal to submit an inquiry and arrange an intake interview. EEOC staff use the interview to discuss your concerns and assess whether filing a charge is appropriate. You decide whether to proceed. The inquiry and interview are steps toward filing; complete the formal charge as directed afterward. Start with the EEOC Public Portal.
2. Complete and sign the charge
After the interview, follow the portal’s instructions to complete and sign the charge. The EEOC defines a charge as “a signed statement asserting that an employer, union or labor organization engaged in employment discrimination” (U.S. Equal Employment Opportunity Commission, “Filing A Charge of Discrimination”). Filing states an allegation and requests agency action; it does not establish that discrimination occurred.
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- Ames v. Ohio (2025): New principal case eliminates 'background circumstances' test for majority group member claims
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3. Use another intake route if needed
You may contact the relevant EEOC field office. The agency also describes starting the process by letter containing the information it requires. If you file with a state or local Fair Employment Practices Agency (FEPA), ask whether it will dual-file the charge with the EEOC when federal law applies. Charges are generally dual-filed in that situation, so a separate filing with both agencies is not ordinarily necessary. The applicable procedure depends on your location and claim.
4. Keep a clear record and monitor requests
As practical preparation, preserve relevant records and make a dated timeline of events. These can help you respond to questions, but do not assume a particular document is required unless the EEOC tells you so. Keep your portal contact information current and check for agency requests. The EEOC may ask for information during the process; its overview of what follows a charge describes possible investigation steps.
What happens after the charge is filed
Employer notice and possible mediation
The EEOC says it notifies the employer within 10 days of a charge being filed. It may offer both sides voluntary mediation. A mediator helps the parties discuss resolution but does not decide who is right or wrong. The EEOC says mediation charges are typically resolved “usually in less than 3 months”; this is a typical timeframe, not a guarantee. The EEOC explains the post-filing process.
Position statement and investigation
If mediation is not offered or does not resolve the charge, the EEOC usually requests a written position statement from the employer. The charging party can review it and is asked to respond within 30 days of receiving it. The agency’s investigation varies with the facts and may include interviews, document requests, questions to the parties, and sometimes an on-site visit. The EEOC gives an average investigation duration of approximately 10 months; an individual case may take less or more time.
Possible outcomes
Filing does not predetermine the outcome. If the EEOC cannot determine that there is reasonable cause to believe discrimination occurred, it may dismiss the charge and issue a notice of rights. If it finds reasonable cause, it may invite the parties to conciliation, an effort to resolve the matter. If conciliation fails, the EEOC may bring a lawsuit or issue a notice of right to sue. The agency’s choices and the notices issued depend on the case and statute. Read the EEOC’s explanation of possible outcomes.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What a right-to-sue notice means for court deadlines
A right-to-sue notice generally starts a 90-day period to file suit. Do not treat that period as universal across all discrimination statutes. Title VII and ADA claimants generally need an EEOC notice before filing in federal court; the agency generally must have 180 days to resolve the charge before a claimant requests a notice, although earlier issuance may be possible in some cases. ADEA and Equal Pay Act rules differ. Check the statute and the exact notice you receive, and promptly get individualized legal advice about any court deadline. The EEOC outlines when a lawsuit may be filed.
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Which route applies to your situation?
- Private or other non-federal employer: The standard EEOC charge process described here generally applies.
- Federal employer or federal job applicant: Use the separate federal-sector complaint procedure rather than assuming the standard charge process applies. See the EEOC’s federal-sector information.
- State or local agency: A FEPA may accept a charge and generally dual-file it with the EEOC when federal law applies; verify the local procedure.
- Equal Pay Act claim: The route and prerequisites differ from those for Title VII or other EEOC-enforced laws. Do not assume the same charge or right-to-sue steps apply.
The EEOC’s guidance explains the general federal process, but it cannot establish an individual claim’s viability or exact deadline without the relevant location, protected basis, dates, and employer type. When timing is uncertain, confirm your situation directly with the agency or a qualified lawyer.
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