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The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace discrimination. It receives and investigates charges, may help the parties resolve them, and can sue employers or refer certain matters to the Department of Justice. A charge is an allegation—not a finding that discrimination occurred—and the filing deadline depends on the law, location, and type of worker.
What does the EEOC do?
The EEOC is the federal agency responsible for enforcing laws that prohibit employment discrimination. Depending on the law and the facts, a claim may involve discriminatory treatment or harassment based on race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability, or genetic information. The agency also handles retaliation claims and certain denials of workplace accommodation, including accommodation for religion, disability, pregnancy, childbirth, or related medical conditions.
Coverage depends on the law and the employer
Not every worker or employer is covered by every law. Coverage can depend on the employer’s type and size, the person’s employment status, and the alleged basis for discrimination. The EEOC’s acceptance of a charge does not establish that a law was violated. As the agency explains in its employer guidance, “The fact that the EEOC has taken a charge does not mean that the government is accusing anyone of discrimination.”
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The agency’s work extends beyond individual charges
The EEOC also describes employer recordkeeping and posting responsibilities and collects workforce data from some employers, including when no charge is pending. It administers a separate complaint process for federal employees and applicants; that process is not the ordinary charge route used by most private- and state- or local-government-sector workers.
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How do I file an EEOC complaint?
People often say “complaint” to mean an EEOC filing, but the ordinary process begins with an inquiry and may lead to a formal charge. A charge is a signed statement asserting that an organization engaged in employment discrimination and asking the agency to take remedial action. An inquiry does not automatically become a charge.
- Start an inquiry. The usual starting point is the EEOC Public Portal. The agency describes other routes as well, including in-person or mail contact and beginning by phone. Calling can help you discuss what happened and learn how to file, but the EEOC does not take charges over the phone.
- Complete the intake and interview process. The agency reviews the inquiry and may interview you to determine whether it is appropriate to prepare a charge.
- File the charge if appropriate. Filing is a serious step, but the decision whether to file is yours. Check the charge for accuracy and keep copies of relevant records and communications.
You may also contact a state or local Fair Employment Practices Agency (FEPA). In many areas, worksharing agreements allow a FEPA and the EEOC to treat a filing as filed with both agencies. Ask the agency handling your matter whether dual filing applies; do not assume that contacting one office has preserved every deadline.
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For most laws enforced by the EEOC, a charge is generally required before a private lawsuit can be filed. The Equal Pay Act is a notable exception: it does not require an EEOC charge before suit. The rules differ by statute, so filing a charge should not be treated as a substitute for checking the applicable court-filing requirements.
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Deadlines are strict and depend on the legal claim and circumstances. The general charge deadline for most covered claims is 180 calendar days from the discriminatory act. It can extend to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis.
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| Claim or route | Deadline described by the EEOC | Important qualification |
|---|---|---|
| Most EEOC-enforced claims | 180 calendar days; potentially 300 days | The 300-day extension applies when a state or local agency enforces a law prohibiting discrimination on the same basis. |
| Age discrimination | 180 calendar days; potentially 300 days | The 300-day extension requires both a state age-discrimination law and a state agency or authority enforcing it. A local law alone does not extend the age deadline. |
| Federal employees and applicants | Generally, contact an agency EEO counselor within 45 days | This is a separate federal-sector complaint process, not the ordinary EEOC charge procedure. |
| Equal Pay Act | Generally, two years from the discriminatory paycheck, or three years for a willful violation | A charge is not required before filing suit; this claim has different charge and court-filing rules. |
These are general rules, not a determination of the deadline for a particular case. Internal grievances and other dispute procedures generally do not stop the EEOC filing clock. Contact the agency or a qualified lawyer promptly if dates may matter. Right-to-sue requirements and court deadlines also vary by statute.
What happens after I file a charge?
- The EEOC notifies the employer. The agency says it generally notifies the employer within 10 days after a charge is filed.
- The parties may be offered mediation. Mediation is voluntary and can be offered early. A neutral mediator helps the parties explore a resolution but does not decide whether discrimination occurred.
- If mediation does not resolve the charge, the EEOC may investigate. The agency may request the employer’s written position and gather information through documents, statements, interviews, records, or a worksite visit. If cooperation is not forthcoming, it may seek an administrative subpoena for documents, testimony, or access to facilities.
- The EEOC assesses the evidence and determines next steps. Depending on what the investigation establishes, the agency may close the matter, find reasonable cause, or pursue another applicable outcome.
The EEOC describes investigations as taking approximately 10 months on average and says mediation often resolves matters in less than three months. Those are the agency’s approximate averages, not promises or predictions for an individual charge.
How are mediation, investigation, and conciliation different?
| Process | When it occurs | What it does | Is participation or settlement voluntary? |
|---|---|---|---|
| Mediation | May be offered early after a charge | A neutral helps the parties discuss a possible settlement; the mediator does not decide who is right or wrong. | Yes. It is a voluntary settlement effort. |
| Investigation | May follow when mediation is declined or does not resolve the charge | The EEOC gathers and evaluates information relevant to the allegations. | It is an agency fact-finding process, not a settlement conference. |
| Conciliation | After the EEOC finds reasonable cause | The agency invites the parties to attempt an informal, confidential resolution. | The EEOC must attempt conciliation before considering litigation in the relevant enforcement process, but participation and settlement remain voluntary. |
The EEOC’s post-charge guidance describes mediation this way: “Mediators don’t decide who is right or wrong, but they are very good at suggesting ways to solve problems and disagreements.” Conciliation is distinct: it follows a reasonable-cause finding rather than serving as the early mediation option.
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What outcomes can follow a charge?
A charge can end in different ways; filing it does not guarantee an agency finding or a payment. If the EEOC cannot determine that the law may have been violated, or closes a matter because it is untimely or otherwise inapplicable, it may issue a notice explaining the person’s next legal steps. If it finds reasonable cause, the agency seeks conciliation. When conciliation fails, the EEOC decides whether to bring a lawsuit; in specified circumstances, it may refer a matter to the Department of Justice.
A charging party may receive a Notice of Right to Sue when the EEOC does not sue, but the prerequisites and timing depend on the statute. A notice commonly starts a 90-day period to file in court for some claims; that is not a universal rule. For example, the Age Discrimination in Employment Act (ADEA) and Equal Pay Act do not use the same right-to-sue prerequisite as Title VII and Americans with Disabilities Act matters. Check the notice and statute-specific rules promptly.
What do the EEOC’s FY 2025 figures show?
The EEOC’s FY 2027 Agency Performance Plan and FY 2025 Agency Performance Report, released in 2026, report the following results for fiscal year 2025. These agency-wide figures describe activity and outcomes in that fiscal year; they do not predict the result of an individual charge.
| FY 2025 measure | Reported result | What the figure measures |
|---|---|---|
| Charges resolved | 90,743 | Charges the EEOC resolved during FY 2025. |
| Pre-litigation monetary relief | Over $528 million | Monetary relief secured through the agency’s pre-litigation enforcement. |
| Mediation resolutions | 7,929 of 11,346 mediations; 70% | The agency’s reported resolution rate; the mediations yielded almost $245.3 million in benefits to charging parties. |
| Conciliation recovery | $52.2 million | Amount recovered through conciliation. |
| Litigation and subpoena enforcement | 94 merits lawsuits and 13 subpoena-enforcement actions | Actions filed by EEOC field legal units. |
The report also says 17.5% of charges resolved in FY 2025 had outcomes favorable to the charging party under the agency’s “merit factor resolutions” category. That classification is not the same as a court judgment, and the percentage is not a success rate for all charges filed.
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