How to File an EEOC Complaint: A Step-by-Step Guide

If you've experienced discrimination at work, filing a charge with the Equal Employment Opportunity Commission (EEOC) is often the first formal step toward doing something about it. A lot of people never take that step because they assume it's expensive, requires a lawyer, or is buried in red tape.

None of that is true. Filing is free, you can do it yourself, and the process is more straightforward than most people expect. Here's exactly how it works, start to finish.

Before you start: know your deadline

The single most important thing to know is that you're on a clock. For most private-sector workers, you must file within 180 calendar days of the discriminatory act — extended to 300 days in states that have their own fair-employment agency. Federal employees have a much shorter window: you must contact an EEO counselor at your agency within 45 days.

These deadlines are strict, and missing one usually ends a case no matter how strong it was. If something happened recently, don't wait to have everything perfect before you start — begin the process and gather details as you go.

Step 1: Start an inquiry through the EEOC Public Portal

The process begins online at the EEOC's Public Portal (publicportal.eeoc.gov). You submit an online inquiry describing who you are, who your employer is, and what happened. You can also start by phone or in person at an EEOC office if you prefer.

This inquiry is not the formal charge yet — it's the intake step that gets you into the system and schedules your interview.

Step 2: Do the intake interview

After your inquiry, the EEOC schedules an interview (by phone, video, or in person) with an EEOC staff member. This is a conversation, not a test. You'll walk through what happened, and they'll help determine whether your situation is something the EEOC can act on and how to frame it.

Come prepared with the basics: the dates things happened, who was involved, what was said or done, and any witnesses. If you've kept a dated record of incidents, this is where it starts paying off — you can speak from facts instead of memory.

Step 3: Sign the formal charge

If your situation falls under the laws the EEOC enforces, the next step is a charge of discrimination — the formal, signed document that officially starts your case. The EEOC typically drafts it based on your interview; you review it, make sure it's accurate, and sign.

Once the charge is signed and filed, your deadline is met and the case is officially open. Filing the initial inquiry is not the same as filing the charge, so make sure you complete this step.

Step 4: The EEOC notifies your employer

Within 10 days of the charge being filed, the EEOC notifies your employer that a charge has been filed against them. This matters for a specific legal reason: it is illegal for your employer to retaliate against you for filing. If things get worse after you file — a sudden write-up, a schedule change, a termination — that retaliation is itself a separate violation you can add to your case.

Step 5: Investigation, mediation, or dismissal

From here, one of a few things happens:

• Mediation — the EEOC may offer free, voluntary mediation, where a neutral mediator helps you and the employer try to resolve the matter without a full investigation. It's optional for both sides.
• Investigation — the EEOC may investigate: requesting documents, interviewing witnesses, and asking the employer to respond in writing.
• Dismissal — if the EEOC decides it can't establish a violation, or the charge falls outside its authority, it may dismiss the charge — which still lets you proceed to court.

How long this takes varies widely, from months to more than a year, depending on the office and the complexity of the case.

Step 6: The Notice of Right to Sue

The process ends with the EEOC issuing a Notice of Right to Sue. This document is what allows you to file a lawsuit in federal court. In many cases you can also request the notice yourself once 180 days have passed since you filed, if you'd rather move toward a lawsuit than wait for the EEOC to finish.

Once you receive it, you generally have 90 days to file a lawsuit — another strict deadline. If you're going to hire an attorney, this is the point where it matters most, and it's another moment where an organized record makes you a client an attorney wants to take.

What makes the whole process easier

Every step above goes better when you can point to a clear, dated record instead of reconstructing events from memory. The intake interview is faster, the charge is more accurate, a retaliation timeline is provable, and an attorney can evaluate your case in minutes instead of turning it away.

That's what IronRecord is built for: every incident timestamped, every piece of evidence encrypted and fingerprinted so no one can claim it was altered, your filing deadlines counted down automatically, and the whole record exported as a court-ready PDF in one click. The free plan covers your first incidents — the best time to start the record is before the details fade.