Stage 1 — Intake (days 0-10)
You file the verified charge either through the EEOC Public Portal or on paper Form 5, within the 180/300-day window set by Title VII §706(e)(1). The EEOC opens a case file, assigns an investigator (or routes through a Field Office triage queue), and within roughly 10 days sends the employer a Notice of Charge under 29 CFR §1601.14. The employer is required to preserve relevant records and may submit a Position Statement responding to the allegations.
Stage 2 — Mediation offer (optional, weeks 2-12)
For many charges, the EEOC offers free voluntary mediation. Both parties must agree. When mediation resolves the dispute, the case closes with a written settlement. When mediation fails or one side declines, the case returns to investigation.
Stage 3 — Investigation (months 3-12+)
The EEOC investigator requests documents, interviews witnesses, may issue subpoenas (per 29 CFR §1601.16), and analyzes the employer's Position Statement against the charging-party's allegations. The duration varies dramatically by case type, investigator caseload, and Field Office. The dual-filing posture under 29 CFR §1601.13 may add a 60-day exclusive state period at the front of the timeline.
Stage 4 — Cause determination
The investigator concludes with either:
- No reasonable cause. The investigation found insufficient evidence to conclude discrimination occurred. The EEOC dismisses the charge and issues a Notice of Right to Sue. You have 90 days to file in federal court.
- Reasonable cause. The EEOC concludes there is reasonable cause to believe discrimination occurred. The case proceeds to conciliation.
Stage 5 — Conciliation (if cause found)
The EEOC attempts to negotiate a voluntary remedy with the employer. Conciliation may produce a binding settlement (back pay, reinstatement, systemic relief). When conciliation fails, the EEOC may either bring suit itself (rare, reserved for systemic / policy-significant cases) or issue a Notice of Right to Sue letting the charging party go to court.
Stage 6 — Notice of Right to Sue
However the case concludes administratively, the Notice of Right to Sue is the gateway to federal court. From the date you receive it, you have 90 calendar days to file a federal lawsuit on Title VII, ADA, or GINA claims. See the right-to-sue letter pillar for the downstream procedural mechanics.
The 180-day early-out
You do not have to wait for the EEOC to finish. After 180 days from filing the charge, you can request a Notice of Right to Sue and proceed to federal court. The trade-off: the EEOC investigation stops at that point, so you forgo the benefit of the EEOC's record-development (subpoena power, government-conducted interviews) and carry the case yourself.