My Pay Rights

🇺🇸 US · Employment Law · Updated 2026-06-27

How do I file an EEOC complaint?

File a charge of discrimination with the EEOC within 180 days (or 300 days in dual-jurisdiction states) of the discriminatory act. You can file online, by mail, or in person at an EEOC office. You must exhaust this process before suing in federal court.

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws including Title VII, the ADA, the ADEA, the Equal Pay Act, and the PWFA. Before you can sue an employer in federal court under these laws, you must first file a 'charge of discrimination' with the EEOC and receive a 'right to sue' letter.

The deadline to file is 180 days from the discriminatory act — or 300 days if you live in a state with its own anti-discrimination agency (most states). You can file online at publicportal.eeoc.gov, by mail, or in person at any EEOC field office. There is no fee. You will be assigned an investigator; the EEOC will notify your employer and investigate. Investigations typically take 6–18 months.

The EEOC may attempt mediation or conciliation. If the case is not resolved, the EEOC will either litigate on your behalf or issue a right to sue letter, giving you 90 days to file in federal court. Even if the EEOC dismisses your charge, you can still sue — the letter simply opens the courthouse door.

Last reviewed: 2026-06-27. This answer provides general information and is not legal advice. Employment situations are fact-specific — seek advice from ACAS or a qualified employment lawyer if your situation is complex.

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