Filing a Charge of Discrimination with Equal Employment Opportunity Commission

A person that believes that he or she has been subjected to acts of discrimination based on their disability, race, gender, national origin, sexual orientation, age, religion, and even DNA or genetic information can file a complaint or a charge concerning the improper employment related actions with the Equal Employment Opportunity Commission, the EEOC.  In fact, many States require the persons file a charge with the EEOC concerning allegations of discrimination prior to being allowed to file a lawsuit in State or federal court based on those same discrimination charges against an employer or former employer.  Aggrieved employees must file the discrimination charge with the EEOC at least one hundred eighty (180) days after the day the acts of discrimination took place in order to file within the statute of limitations for filing a charge of discrimination in employment with the EEOC.

Filing the Charge

The employee may file his or her charge of discrimination with the EEOC at any one of its field offices.  The employee would be able to just walk into a local EEOC office and arrange to file the charge.  The allegations in the charge would be investigated by the EEOC office that is located closest to the employer’s business address or headquarters.  The EEOC does not accept complaints or charges on line or by telephone.  The complaint may be filed in person or by mail if sent in the form of a letter which contains all the information necessary to investigate the discrimination claim.

Investigating the Charges

Within ten days after the discrimination charges are filed with EEOC the employer cited in the charges will be sent a copy of the charge document filed by the employee.  The employee and employer may be asked to participate in mediation concerning resolving the charges.  If mediation is not helpful the EEOC will require the employer to formally answer the charges in writing.  At this point the case with be sent to a claim investigator.  The investigation process depends on the facts specific to each case and can take up to six months to complete.  The employer would be asked to produce documents and people with knowledge of the incidents would be questioned.  If no violation if found the employee would be sent a “right to sue letter.” If a violation is found the Equal Employment Opportunity Commission may decide to sue the employer on the employee’s behalf.

Getting Legal Help

If you or a member of your family has suffered discrimination in an employment situation then it would be helpful to discuss the circumstances of the discriminatory acts with a disability lawyer or employment lawyer in order to access experienced guidance on protecting and asserting your legal rights and interests.