Filing an EEOC Discrimination Claim
The Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The federal agency EEOC, has the power to settle claims through inquiry of illegal discrimination.
Filing an EEOC claim:
- Most of the states have individual agency for anti-discrimination issues. Go to the respective state government to determine if a local agency can get you help.
- The time limit for filing complaints with the EEOC is 180 days starting from the act of discrimination. There may be a longer deadline if your state has its own investigating body.
- You can file an EEOC claim in person, by mail or by telephone (1-800-669-4000).
- You must provide your name, contact details (telephone and address), and your employer information also.
- Also give a concise description and the dates for the discriminations done against you.
- Some points about EEOC claims:
- You should furnish the EEOC with sufficient information for making an informed decision as to how to proceed.
- More information is better. Let the EEOC determine which of the events are significant for your claim.
- Provide all documents that strengthens your case.
- Also include the names and addresses of witnesses who may be helpful.
- If you wish to remain anonymous, you may not include your name when filing a complaint with the EEOC. However, it may be impossible for the EEOC to investigate the claim without knowing your identity.
After your claim is filed:
- After the EEOC receives your complaint, it will inquire the claim by contacting your employer, enquiring witnesses, visiting the jobsite, requesting documents, etc.
- Your employer cannot take any action against you for filing a complaint or complying with an EEOC investigation. The terminology called as retaliation, can make your owner liable to additional punitive action.
- If a local agency is present having the right to anti-discriminatory action, the EEOC will not take any action for 60 days in order to give the other agency time to act. In some cases, the time for filing an EEOC claim can be extended to as much as 300 days.
Solving your claim:
- If the EEOC determines the case really pertains to illegal discrimination, it may seek a settlement between the employer and employee, or it may sue the employer in court. (In rare case it happens that owners are sued. The EEOC doesn’t have enough resources to fight by itself in court.)
- A settlement will provide proper compensation to employee. It may include job promotion or reinstatement. Front or back pay, other direct payments like employee fee or indirect payment as accommodation or remedies pay, etc.
- If the EEOC cannot determine if illegal discrimination occurred, or if settlement with the employer is not possible, it will dismiss the claim and issue the employee a “right to sue” letter, to allow employee 90 days in which to bring an action against the employer.
For the best interest, it is suggested to promptly contact the EEOC when discrimination is suspected.
Having been representing discrimination claimants as an experienced Cleveland attorney for several years, please visit our Cleveland attorney website at for more information on this topic.
