U.S. Equal Opportunity Commission
To preserve your right to file a workplace discrimination lawsuit under Title VII, the Pregnancy Discrimination Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act, you must file a timely complaint, known as a “charge”, with the EEOC.
All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination before you can file a job discrimination lawsuit against your employer. The laws enforced by the EEOC require the agency to notify the employer that a charge has been filed against it.
1. File within 300 days of the first act of discrimination
If you think that you have experienced employment discrimination in hiring, promotions, or firing, you can contact the Equal Employment Opportunity Commission (EEOC). You must file an official charge with the EEOC within 300 days of the first act of discrimination.
You can also file with the Illinois Department of Human Rights (IDHR) or a local agency. Learn more about reporting workplace discrimination.
You must first contact an EEOC counselor before you file a charge. Go to the EEOC website to find your nearest field office.
2. File a complaint with the EEOC
The Complaint must include:
3. You may be asked if you want to participate in either counseling or alternative dispute resolution (ADR)
Counseling and/or dispute resolution (ADR) may be offered to try and settle the dispute between you and your employer without starting any more formal complaints.
Some cases are referred to mediation. Mediation is voluntary, so it occurs if both you and your employer agree to it.
4. The EEOC will accept the complaint and send you a confirmation
If your case does not go to mediation, or if mediation is unsuccessful, the EEOC will then begin to investigate the claim. The amount of time the EEOC takes to complete an investigation varies, depending on how much information must be gathered and other factors.
5. The EEOC will conduct an investigation
The EEOC will conduct a neutral investigation of the allegations in the complaint. After the investigation, if the EEOC is not able to determine that the law was violated, it will send you a Notice of Right to Sue that gives you permission to file a lawsuit in court. If you wish to file a lawsuit, you must do so within 90 days of receiving the Notice.
If the EEOC determines the law may have been violated, it will try to reach a voluntary settlement with your employer. If it cannot do so, the Investigator will refer the case to the EEOC's legal staff, who will decide whether the agency should file a lawsuit. If EEOC decides not to file a lawsuit on your behalf, you will receive a Notice of Right to Sue that you have the right to file a lawsuit yourself. If you wish to file a lawsuit, you must do so within 90 days of receiving the Notice.
6. If you chose to request a hearing, you will be given a hearing
Before the hearing, you and your employer will be given an opportunity to view documents and other important information that each other has to prepare for the hearing.
During the hearing, the EEOC will hear the facts and evidence from you and your employer. After both sides are fully heard, the EEOC will provide a final decision about the discrimination.
7. You have the opportunity to appeal the decision
If you are not happy with the decision of the EEOC, you can appeal within 30 days of the decision.
https://www.illinoislegalaid.org/legal-information/filing-employment-discrimination-complaint-eeoc
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Charge of Discrimination |
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Notice of Charge of Discrimination |
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Notice of Charge of Discrimination in Jurisdictions Where a FEP Agency Will Initially Process |
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Request for Withdrawal of Charge of Discrimination |
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Dismissal and Notice of Rights |
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Notice of Right to Sue (Conciliation Failure) |
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Notice of Right to Sue (Issued on Request) |
