When can I file an EEOC Charge?

Q. I've heard of the Equal Employment Opportunity Commission, and I understand that it's a federal agency involved with workplace discrimination laws. When can I file an EEOC Charge?

A. You can file a formal job discrimination complaint with the EEOC whenever you believe you are:

Being treated unfairly on the job because of your race, color, religion, sex, pregnancy, national origin, disability, or age 40 or older; or

Being harassed at work for any of these reasons; or

Being treated unfairly or harassed because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit.

This complaint is called a "Charge of Discrimination." All of the laws enforced by the EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with the EEOC before you can file a job discrimination lawsuit against your employer.

There are strict time limits for filing a job discrimination complaint with the EEOC. In some cases, you only have 180 days to report discrimination to EEOC. You have 300 days if your complaint is also covered by a state or local anti-discrimination law. These time limits are important, because in some instances they can prevent you from bringing a lawsuit in court if they are not followed.

If you are going to contact a lawyer, you should give yourself plenty of time to find a good one - as early as possible before the deadline. Your lawyer will need time to gather the information, analyze your particular case, and prepare documents for the EEOC.

If you believe you have been discriminated against or harassed at work by a federal government employer, you must follow different procedures. For information on how the process works, see the guidelines for Federal Sector Equal Employment Opportunity Complaint Processing.

Source: US EEOC