How to file an EEOC charge

The eight steps

1. Step 1: Confirm you're within the federal window. Use the decoder. It will give you an absolute deadline date, the filing channel, and the statute pin. If the decoder says 'deadline-past', skip to step 8 (post-deadline fallbacks). /decoder
2. Step 2: Choose the filing channel. For Title VII, ADA, GINA, and ADEA: file with the EEOC, either through the Public Portal or on paper Form 5. For EPA and §1981: skip the EEOC entirely and file in federal district court. For federal civilian employees: initiate contact with your agency's EEO counselor within 45 days.
3. Step 3: Open the EEOC Public Portal. publicportal.eeoc.gov is the EEOC's online intake system. Create an account, complete the inquiry form, and request an intake interview. The portal generates a confirmation; save it. publicportal.eeoc.gov/Portal/Login.aspx
4. Step 4: Complete the intake interview. An EEOC intake counselor will walk through the facts. Be ready with: dates, identities of decision-makers, the protected basis of your claim, the discriminatory action(s), the employer's name and address, and your employer-size estimate. Bring documentation if you have it — write-ups, emails, paystubs.
5. Step 5: Submit a verified charge (Form 5). The intake produces a verified charge form (EEOC Form 5). Read it carefully — the specific allegations and dates here are what the EEOC investigates. Sign under oath. The filing date for the 180/300-day window is the date the EEOC receives the verified charge, not the inquiry date.
6. Step 6: Confirm dual-filing posture (if applicable). Worksharing agreements between the EEOC and most state FEPAs mean filing with one routes to both. Some state-level filing windows run independently of the federal clock — verify with your state agency directly if state-court remedies matter. /learn/dual-filing-mechanics
7. Step 7: Track the investigation. Median EEOC investigation duration is around 10 months. You'll be assigned an investigator; the employer receives a Notice of Charge within 10 days and may submit a Position Statement. You can request status updates and a copy of the employer's Position Statement. /learn/eeoc-investigation-timeline
8. Step 8: After the Notice of Right to Sue: 90-day federal-court window. Whether the EEOC dismisses, issues a cause finding, or you request early notice after 180 days, the Notice of Right to Sue triggers a strict 90-day window to file in federal district court. Engage counsel before this window opens; the 90 days run from receipt, not from EEOC mailing. /learn/right-to-sue-letter

Two-track filing

The federal EEOC charge is one track. The state FEPA charge is another. In most states, worksharing under 29 CFR § 1601.13 means filing once routes to both. The exceptions:

• AL, AR, MS — no qualifying FEPA. EEOC track only; no parallel state track.
• GA private-sector, NC private-sector non-age — FEPA does not reach private claims. EEOC track only.
• States with longer state-law SOL (CA 3-year FEHA, IL 730-day IHRA, OH 730-day, NY 3-year HRL) — filing the federal charge does not toll the state-law clock. If state-court remedies matter, calendar both separately.

What you can NOT do here

• We do not file your charge for you. The EEOC requires the charging party's signature under oath; no editorial site can substitute for that.
• We do not provide legal advice. The choice between Title VII / §1981 / state-court / parallel-tort paths is case-specific and consequential. The decoder maps the procedural channel; counsel maps the strategy.
• We do not capture leads. No newsletter, no callback form, no contingency-firm referral funnel. The filing-channel links go directly to publicportal.eeoc.gov.

Before you click submit

Make sure the dates on Form 5 are the dates the EEOC will use. Common mistakes: using the first incident date instead of the most recent (under Morgan, the clock runs from the most recent contributing act for hostile-environment claims, and from each discrete act for discrete-act claims); misidentifying the protected basis; underestimating the employer's headcount and tripping the 15+ / 20+ thresholds at the wrong number. If any of these are uncertain, talk to an employment-law attorney before you sign.