Start with the filing deadline
Federal discrimination claims generally have a limited charge-filing period. The EEOC states that the deadline is commonly 180 days and may extend to 300 days where a state or local agency enforces a law prohibiting the same type of discrimination. Different rules apply to some claims and to federal employees.
An internal complaint, grievance, arbitration, or mediation generally does not stop the EEOC clock. Identify the disputed acts and get advice early rather than calculating the deadline from memory.
Intake is not always the filed charge
The intake process helps the agency determine whether it may have jurisdiction. A completed intake questionnaire or portal inquiry should not be assumed to be a filed charge in every situation. Confirm whether a formal charge was prepared, signed, and filed, and save the charge number and filing confirmation.
The charge should accurately identify the employer, the protected basis, the key acts, and the relevant dates. Review it before signing because it becomes the starting record for the agency process.
The employer is notified and may respond
After filing, the employer is usually notified and may provide a position statement and supporting material. The agency may ask the charging party for a reply or additional evidence. Keep submissions factual, organized, and tied to the allegations in the charge.
Mediation may be offered. It is voluntary and distinct from the investigation. Preparation should include the factual record, the relief sought, and a realistic plan for both settlement and continued investigation.
Investigation can take different forms
An investigator may request documents, interview witnesses, ask written questions, or seek clarification. The scope and timing vary. Maintain your contact information in the portal, meet response dates, and preserve new evidence that develops after filing.
A charge can end with dismissal, a finding, conciliation efforts, or other administrative action. The agency's decision does not always resolve whether an individual can bring a lawsuit.
Treat a right-to-sue notice as urgent
A Notice of Right to Sue permits certain federal claims to proceed in court. The EEOC states that a lawsuit generally must be filed within 90 days after receipt of the notice. Other claims may follow different rules.
Send the complete notice to counsel immediately, including the email or envelope showing when it arrived. Do not wait until the end of the period to begin evaluating the case and preparing a complaint.
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