The statutory frame
Title VII §706(c) gives state and local FEPAs an initial exclusive period to process discrimination charges before the EEOC can act: 60 days, or 120 days during the first year of a qualifying state law. The procedural rules around deferral, transfer, and worksharing live at 29 CFR § 1601.13. The list of designated 706 agencies is in 29 CFR § 1601.74.
What worksharing does
Worksharing agreements between the EEOC and each state agency address two things:
- Cross-filing. A charge filed with one agency is deemed filed with the other on the same date. The charging party gets the benefit of either agency's jurisdiction without filing twice.
- Waiver of §706(c) exclusivity. The state agency waives its 60-day exclusive processing period for most charges, letting the EEOC take action immediately. The charging party retains the full 300-day federal filing window.
What worksharing does NOT do
Worksharing addresses only the federal procedural mechanic. It does not:
- Extend your state's internal filing deadline beyond what state law sets.
- Substitute for a separate state-court SOL where state law provides one.
- Cure a missed deadline at either level.
- Confer rights you would not have under federal or state law standing alone.
Some states impose tighter internal deadlines than the federal 300 days; others extend longer. The decoder shows both deadlines when applicable.
What "filing" actually means
A charge is "filed" when the EEOC (or, in some posture, the state agency) receives the verified charge form with the charging party's signature. The EEOC's modern intake mechanism is the Public Portal; the paper Form 5 still exists. Either path satisfies the filing requirement so long as the form is actually received by the deadline.
For deferral states under §706(c), the EEOC defers initial processing to the state agency for the exclusive period. Under most worksharing agreements, that deferral is waived for purposes of the EEOC's investigation, but the charge is still treated as "filed" with both agencies as of the original receipt date.
Filing with the wrong agency first
If you file with a non-designated agency or with an agency that lacks jurisdiction over your basis (e.g., a state agency that only covers state employees, against a private-sector claim), the cross-filing protection does not apply. Your federal charge is timely only if it actually reaches the EEOC within 180/300 days.
When in doubt, file with the EEOC directly through the Public Portal at publicportal.eeoc.gov and use the decoder to confirm dual-filing posture with your state.