The short answer
The Equal Employment Opportunity Commission handles charges of job discrimination based on race, color, religion, sex, including pregnancy, national origin, age if you are 40 or older, disability and genetic information, and of retaliation for complaining about it. You generally must file a charge within 180 calendar days of the discrimination, extended to 300 days where a state or local agency enforces a law against the same kind of discrimination; for age claims, the extension applies only when a state law and agency cover age. Federal employees instead must contact their agency's EEO counselor within 45 days. You can start through the EEOC Public Portal, by calling 1-800-669-4000, or at an EEOC office. Most of these laws cover employers with 15 or more employees, or 20 for age. If the EEOC closes your charge, it issues a notice of your right to sue, and you then have 90 days to file a lawsuit.
The deadlines
The clock starts on the day the discrimination happened, such as the day you were fired, demoted or denied a promotion. For harassment, it runs from the last incident.
| Situation | Deadline |
|---|---|
| Private, state or local government employee, most claims | 180 calendar days to file a charge |
| Where a state or local agency enforces a similar law | 300 calendar days |
| Age claims | 300 days only if a state law and state agency cover age |
| Federal employee or applicant | 45 days to contact the agency's EEO counselor |
| After the EEOC issues a notice of right to sue | 90 days to file a lawsuit |
| Equal pay claims under the Equal Pay Act | 2 years to go to court, or 3 if willful; no charge needed |
Most states have their own fair employment agency, so many workers have 300 days, but do not count on it without checking. Weekends and holidays count, and if the deadline falls on one, you have until the next business day. Filing an internal complaint or a union grievance does not pause the federal deadline.
Who is protected, and which employers are covered
Federal law prohibits discrimination in hiring, firing, pay, promotion, assignments, training, benefits and other terms of employment, and harassment that is severe or pervasive, when it is based on race, color, religion, sex, including pregnancy, national origin, age 40 or older, disability or genetic information. It also prohibits retaliation against people who complain, file a charge or take part in an investigation.
- Title VII and the Americans with Disabilities Act cover employers with 15 or more employees.
- The Age Discrimination in Employment Act covers employers with 20 or more.
- The Equal Pay Act covers nearly all employers, whatever their size.
- The Pregnant Workers Fairness Act requires employers with 15 or more employees to make reasonable accommodations for pregnancy and related conditions.
Smaller employers may still be covered by state or local laws, which often reach businesses with only a few employees. Treatment that is unfair but not tied to one of these characteristics, or to retaliation, is generally not something the EEOC can act on; our guides to wage claims and FMLA cover other workplace rights.
How to file
- Start an inquiry. Use the EEOC Public Portal online, call 1-800-669-4000, or visit an EEOC field office. The portal asks a few questions, including how many employees the employer has, and offers an intake interview.
- Tell your story at the interview. An EEOC staff member helps you decide whether to file and drafts the charge with you, by phone, video or in person.
- Sign the charge. It becomes official once it is signed and filed, so if a deadline is near, say so at the start; the EEOC can take a charge quickly to protect it.
- Track it in the portal. You can upload documents, update your contact details and see the status.
If you file with a state or local fair employment agency instead, the charge is usually dual-filed with the EEOC automatically when federal law also applies, so you do not have to file twice.
What to gather before the interview
- A timeline of what happened, with dates, names and job titles.
- Documents: emails, texts, performance reviews, the termination letter, pay records and any written complaint you made to the employer.
- Names of witnesses and of coworkers who were treated differently.
- The employer's details: its legal name, address and roughly how many employees it has.
Keep copies outside work systems if you are allowed to, since access can end when the job does. Do not take confidential company records you are not entitled to; a lawyer can advise on what you may keep.
What happens after you file
The EEOC notifies the employer within ten days and may offer mediation, a free and confidential meeting with a neutral mediator that often settles a case in months rather than years. If mediation is declined or fails, the charge may be investigated: the EEOC can ask the employer for a written response, interview witnesses and request documents.
At the end, the EEOC either finds reasonable cause to believe discrimination occurred and tries to resolve it with the employer, or closes the charge with a dismissal and notice of rights. In a small share of cases it sues the employer itself. Either way, when it closes your charge you receive a notice of right to sue, and the 90 days to file in court begin when you receive it.
What a charge can lead to
A settlement or a finding in your favor is meant to put you where you would have been without the discrimination. Depending on the case, that can mean back pay, being hired, reinstated or promoted, pay in place of a job you cannot return to, a reasonable accommodation, and policy changes at the employer.
For intentional discrimination under Title VII and the ADA, damages for emotional harm and punitive damages are also possible but capped by the size of the employer, from $50,000 for employers with 15 to 100 employees to $300,000 for those with more than 500. Age and equal pay claims do not allow those damages, but a willful violation can double the back pay award. Attorney's fees can be part of the recovery too.
Going to court yourself
For most claims you must file with the EEOC before you can sue. Under Title VII and the ADA, you can ask for a notice of right to sue once 180 days have passed since you filed, even if the investigation is not finished; for age claims, you can sue 60 days after filing the charge without a notice. Equal Pay Act claims can go straight to court.
Many employment lawyers take discrimination cases on contingency, paid from any recovery, and many offer a free first consultation. If you are thinking of suing, talk to one well before the 90-day deadline, since a lawsuit takes time to prepare.
Protecting yourself in the meantime
Retaliation is illegal: an employer may not fire, demote, harass or otherwise punish you for filing a charge or helping with an investigation. If it happens, it can be added to your charge or filed as a new one. If you lost your job, apply for unemployment benefits without waiting for the charge to be resolved; our guides to unemployment benefits and the first 30 days after a job loss explain the steps.
Common questions
How long do I have to file an EEOC charge?
Generally 180 calendar days from the discrimination, or 300 days if a state or local agency enforces a law against the same kind of discrimination. Federal employees must contact an EEO counselor within 45 days.
Can I file an EEOC charge against a small employer?
Title VII and the ADA cover employers with 15 or more employees and the age law covers those with 20 or more. Smaller employers are often covered by state or local laws, and the Equal Pay Act covers nearly all employers.
How long do I have to sue after a right-to-sue notice?
Ninety days from the day you receive the notice. The deadline is strict, so speak with a lawyer well before it runs out.
Does it cost anything to file a charge with the EEOC?
No. Filing a charge and taking part in EEOC mediation are free, and you do not need a lawyer to file.
Official sources
Find the date of the last incident
Count forward 180 days from the last act of discrimination and treat that as your deadline unless you confirm the longer one applies. Start the EEOC inquiry well before it, and keep a copy of everything you send. If the job is gone, the unemployment calculator estimates what benefits could replace while you wait.
