The Basics of Filing an EEOC Claim


The Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The EEOC, after the original investigation of the claim, may negotiate an agreement after charges are filed and very occasionally goes to court for the Plaintiff to fight a discrimination case. Here are some things you ought to know if you are thinking of filing a claim with the EEOC.

Many states, and even some larger cities, have their own agencies to address discrimination claims. So, first find out whether there are any such agencies and anti-discrimination laws that apply in your case.

There is a deadline for filing your claim with the EEOC. It must be filed within 180 days of the incident you are complaining about. If there is a state or local agency, 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 may be extended to 300 days.

After the EEOC receives your complaint, it is going to investigate the claim by contacting the employer. If the EEOC approves the claim, it may order the employer to cease the discrimination, award back pay or require them to rehire or promote you.

It is only in very rare cases that the EEOC will go to court on your behalf. The problem is that the U.S. Attorneys office that would proceed on their behalf is swamped and they do not have the resources to prosecute these cases. Thus, if the EEOC is unable to resolve the claim within 180 days, it will give the employer a “right-to-sue” letter. The employee then has 90 days to file a lawsuit if it so chooses. The employee is going to need their own lawyer.

In selecting a lawyer, I am always telling folks to talk to a lawyer who is a member of the National Employment Lawyers Association. It will be up to the employee and the lawyer to determine whether the case will be handled on a contingency fee as opposed to an hourly basis. Be prepared as an employee that even if the case can be handled on a contingency fee basis, that the lawyer may request a retainer to apply against advances and out-of-pocket expenses the lawyer may incur.

When filing a claim with the EEOC, it can be done by mail or in person. The complaint must be notarized and it must provide the EEOC with sufficient information so that they can make an informed decision as to how to proceed. You should certainly include any and all documents which would support your claim. Also include the names and addresses of witnesses who may be helpful.

If you wish to remain anonymous, it is possible not to include your name when filing a complaint with the EEOC. Be aware, that even in those cases, it may be impossible to investigate the claim very long without revealing who you are.

Your employer is prevented from taking any action against you for filing a complaint or in any way complying with an EEOC investigation. If your employer takes any such action, you may have a separate lawsuit against the employer for the wrongful treatment.