How to file an EEOC complaint: what to prepare first

To file an EEOC complaint, formally called a charge of discrimination, you usually start with an online inquiry in the EEOC Public Portal, then have an intake interview by phone, video, or in person, and the charge is completed from there. You can get ready for that interview with a short list of details and a dated account of what happened; you don't need to write a legal argument. Federal employees and applicants for federal jobs follow a different process.

What the EEOC may ask for

The EEOC may ask for the following, partly to check whether your situation is covered; our guide to workplace bullying vs. unlawful harassment explains what federal EEO law covers. Gather what you can:

• Your name, address, phone number, and date of birth. A Social Security number is optional.
• The employer's name, address, and phone number, and roughly how many people work there.
• The date or dates of each action that harmed you.
• The employer's explanation for what it did, if you know it.
• Why you believe the action was discriminatory.
• Names of people who were treated more favorably, if that applies.

You can also start at a state or local fair employment practices agency; under worksharing agreements, a charge filed with one is also filed with the other.

Write a short account and a date table

For each action, write a few sentences: what happened, when, who made the decision or said it, and why you think it was connected to a protected characteristic, such as race, sex, religion, or age (40 or older), or to a complaint you made. Keep what you saw yourself separate from what you infer. Then put the actions in date order. The rows below are a fictional example:

The free incident log template can help if your notes are scattered. To keep the date table in a spreadsheet, see the eight-column incident log for Excel or Google Sheets.

Deadlines and a step-by-step checklist

A charge generally must be filed within 180 calendar days of the discriminatory act, extended to 300 where a state or local agency enforces a law against the same kind of discrimination. For age claims, the extension applies only with a state law and a state agency. Separate actions, such as a demotion and a later firing, usually have separate deadlines; for ongoing harassment, the count runs from the last incident. An internal or union grievance generally doesn't extend the time.

1. Today: write the date of each action and count 180 and 300 days from it.
2. This week: submit the online inquiry and schedule the interview. If 60 days or fewer are left, the Portal gives special directions; if your deadline is close, the EEOC asks you to call for an immediate interview.
3. Before the interview: prepare the details above and your date table.
4. At the interview: ask which deadline applies to you and whether a state or local agency is involved.
5. After filing: if you face retaliation, contact your investigator promptly; the filing deadlines also apply to anything you add.

What your employer learns, and when

What you tell the EEOC is kept confidential and isn't revealed to your employer until you file a charge. Once you do, your name and basic information about your allegations go to the employer; by law, the EEOC notifies it within 10 days. A charge must carry your name and your signature, and a mailed letter that isn't signed can't be investigated. Your employer may not retaliate against you for filing a charge or taking part in an EEOC investigation.

Kirokune keeps your notes, recordings, photos, and imported chats in date order on your iPhone, which makes a date table easier to build. It does not decide what happened or give legal advice.

Frequently asked questions

How long do I have to file an EEOC complaint?

Generally 180 calendar days from the discriminatory act, or 300 days where a state or local agency enforces a law against the same kind of discrimination. Age claims get the longer period only with a state law and a state agency. Weekends and holidays count; if the last day falls on one, you have until the next business day. Federal employees and applicants for federal jobs generally have 45 days to contact an agency EEO counselor. If you're unsure, contact the EEOC promptly so it can check whether you still have time.

Does filing a complaint with HR stop the EEOC deadline?

Generally, no. The EEOC says its filing deadline isn't extended while you try an internal grievance, a union grievance, arbitration, or mediation. You can pursue those at the same time as an EEOC charge.

Will my employer know I contacted the EEOC?

Not at first. What you tell the EEOC is confidential until you file a charge. Once you file, the EEOC notifies your employer within 10 days, including your name and basic information about your allegations.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.