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How to File a Charge of Discrimination with EEOC


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Who Can File a Charge of Discrimination?
Anyone who believes that their employment rights have been violated may file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. Before a private lawsuit may be filed in court, the complaining party must file a charge with the EEOC.

How Is a Charge of Discrimination Filed?
A charge may be filed by mail or in person at the nearest EEOC office. Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made. Federal employees or applicants for employment should use the federal sector equal employment opportunity complaint process.

What Information Must Be Provided to File a Charge?
The complaining party's name, address, and telephone number

  • The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known
  • A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated)
  • The date(s) of the alleged violation(s).

What Time Limits Apply to Filing a Charge?
There are strict time limits within which charges must be filed:

  • A charge must be filed with the EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.
  • This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law.
  • To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

What Agency Handles a Charge that is also Covered by State or Local Law?
Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law.

  • If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.
  • If a charge is filed with EEOC and also is covered by state or local law, EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.

How Is a Charge Filed for Discrimination Outside the United States?
U.S.-based companies that employ U.S. citizens outside the United States or its territories are covered under EEO laws, with certain exceptions. An individual alleging an EEO violation outside the U.S. should file a charge with the district office closest to his or her employer's headquarters. However, if you are unsure where to file, you may file a charge with any EEOC office.

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