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If you believe you have experienced discrimination at work because of your gender identity, contact the U.S. Equal Employment Opportunity Commission (EEOC) or the applicable state or local fair employment agency promptly. For most non-federal workers, the process starts with an EEOC inquiry through its Public Portal; federal employees and applicants use a separate procedure. The right agency and filing deadline depend on your employer, location, and circumstances.
First, identify the right reporting route
The EEOC says a worker who believes they experienced discrimination because of transgender status may file a Charge of Discrimination. Its page describes sex discrimination as including transgender status. Coverage and available procedures can depend on the employer and facts of the claim.
The route differs for federal employment. Use the EEOC’s separate Employees & Job Applicants information if you work for, or applied to, a federal agency. The ordinary process described below is for non-federal employment, including private, state, and local employers.
| Situation | Where to start | Important qualification |
|---|---|---|
| Private, state, or local employer | Submit an inquiry in the EEOC Public Portal, or contact an EEOC office. You may also contact the relevant state or local fair employment agency. | Which agency and deadline apply depend on your location and claim. Ask whether a state or local filing will also be sent to the EEOC. |
| Federal agency employer or applicant | Follow the separate federal employee/applicant process described by the EEOC. | Do not assume the non-federal Public Portal process or deadlines apply to your federal-sector matter. |
How to begin an EEOC charge
- Submit an inquiry and arrange an interview. Use the EEOC Public Portal to submit an inquiry and schedule an interview, or contact or visit an EEOC office. An inquiry is an initial step; the EEOC describes a charge as a signed statement asserting discrimination and requesting that the agency take remedial action.
- Contact the agency quickly if time may be short. The EEOC says that if you have 60 days or fewer remaining to file, you should follow the Portal’s fast-filing directions or contact the agency promptly. Do not wait for an internal workplace process to finish before asking the agency about timing.
- Explain what happened in concrete terms. The EEOC’s mail guidance asks for your contact information and the employer’s, the employer’s size if known, a short account of the actions, when they occurred, why you believe they were discriminatory, and your signature. You can prepare a chronology and gather relevant messages or records to help explain events; the agency’s guidance does not make a particular evidence packet a prerequisite.
- Ask whether another agency will receive the charge. Many states and localities have fair employment agencies. Under some worksharing arrangements, a charge may be dual-filed automatically, but do not assume that happens in your case. Ask the agency receiving your filing to confirm.
The EEOC also describes in-person and mail routes on its charge-filing page. Its Filing a Charge of Discrimination page explains that an employer must be notified when a charge is filed, so do not assume the charge will remain confidential from the employer.
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Understand the filing deadline
For a covered non-federal employment claim, the general federal deadline is 180 calendar days from the alleged discriminatory act. It may extend to 300 days if a state or local agency enforces a law that prohibits discrimination on the same basis. The applicable period depends on your location and circumstances; a general article cannot determine your deadline.
Use the EEOC’s filing guidance and contact the EEOC or relevant state/local agency promptly to ask which deadline applies. If you have 60 days or fewer remaining, the EEOC directs you to use the Portal’s fast-filing instructions or contact the agency right away.
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What to document and report
Discriminatory actions and comments
Write down what happened, when and where it happened, who was involved, and who may have witnessed it. Keep relevant communications or records if you can do so appropriately. These notes can help you describe the events to an agency; they are practical preparation, not a substitute for filing or a guarantee that a particular legal standard is met.
Sex-based harassment does not have to be sexual in nature: the EEOC says it can include offensive remarks about a person’s sex. Harassment may be unlawful if it is sufficiently frequent or severe to create a hostile or offensive work environment, or if it results in an adverse employment decision. Whether conduct qualifies depends on the facts. See the EEOC’s Sexual Harassment guidance.
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Retaliation after you raise a concern
Record any later adverse treatment, including what occurred and when, and tell the agency handling your matter. Depending on the facts, retaliation for asserting discrimination rights can include a worse evaluation, an undesirable transfer, increased scrutiny, or deliberately making work more difficult. The EEOC explains protections and examples on its Retaliation page.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens after filing—and when to seek legal advice
A charge may be a prerequisite to a later federal employment-discrimination lawsuit. For most covered claims, a charge must be filed first; after the EEOC issues a Notice of Right to Sue, the agency says the worker has 90 days to file in court. The details can vary, so consult the EEOC’s Filing a Lawsuit page and seek advice from a qualified employment lawyer about your individual situation.
The EEOC states: “If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information, you can file a Charge of Discrimination.” This is from the agency’s Filing a Charge of Discrimination page.
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