When to File a Discrimination Claim with the EEOC
Workplace discrimination is an unfortunate reality that can impact career opportunities, mental health, and financial stability. If you believe you’ve been discriminated against at work based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). But when should you take that step?
Understanding the EEOC Complaint Process
The EEOC enforces federal laws that prohibit employment discrimination. Before you can take legal action against an employer for discrimination, you typically must file a charge with the EEOC first. Knowing when to file is crucial to protect your rights and ensure your complaint is heard.
When Should You File a Claim?
1. After Experiencing Discrimination or Retaliation
If you face discrimination in hiring, promotions, pay, discipline, termination, or other workplace conditions based on a protected characteristic, you may have a valid claim. Additionally, if your employer retaliates against you for reporting discrimination, filing a complaint, or participating in an investigation, you can file a retaliation claim with the EEOC.
2. If Internal Complaints Do Not Resolve the Issue
Many companies have internal procedures for handling discrimination complaints through HR. If your employer fails to take your concerns seriously or retaliates against you, filing with the EEOC may be necessary.
3. Before the Filing Deadline Expires
EEOC claims must be filed within strict time limits:
• 180 days from the date of the discrimination incident (for most cases).
• 300 days if a state or local agency enforces a law that also prohibits discrimination on the same basis.
Failing to file within these deadlines could mean losing your right to pursue legal action.
4. Before Taking Legal Action in Court
For most federal discrimination claims, you must first file with the EEOC and receive a “Right to Sue” letter before you can take your employer to court. Skipping this step may lead to your case being dismissed.
How to File a Claim
1. Gather Evidence – Document incidents of discrimination, including emails, witness statements, performance evaluations, and HR complaints.
2. Contact the EEOC – You can file a claim online, by mail, or in person at an EEOC office.
3. Cooperate with the Investigation – The EEOC may investigate, mediate, or issue a Right to Sue letter, allowing you to pursue your case in court.
Final Thoughts
If you believe you’ve been discriminated against at work, time is of the essence. Consulting an employment attorney can help you navigate the process and protect your rights. By understanding when to file with the EEOC, you take the first step toward holding employers accountable for discrimination.







