Learn About EEOC Complaints and Your Rights

What Is the Equal Employment Opportunity Commission and What Does It Do?

The Equal Employment Opportunity Commission, or EEOC, is a federal agency created by Congress in 1965. Its main job is to enforce laws that make discrimination illegal in the workplace. The EEOC works to protect workers from being treated unfairly because of who they are.

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The EEOC enforces several major federal laws. Title VII of the Civil Rights Act of 1964 protects workers from discrimination based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA) protects workers who are 40 years old or older from age-based discrimination. The Americans with Disabilities Act (ADA) requires employers to treat people with disabilities fairly and to make reasonable changes to help them do their jobs. The Equal Pay Act requires that men and women receive the same pay for doing the same work.

The EEOC has offices in cities across the country. The agency employs investigators, attorneys, and support staff who review complaints, gather evidence, and try to resolve disputes between workers and employers. According to the EEOC's 2023 annual report, the agency received 72,675 charges of discrimination that year. The EEOC resolved 66,428 charges and obtained more than $439 million in monetary relief for workers without going to court.

The EEOC cannot make employers change their behavior on its own. Instead, it investigates complaints, determines whether discrimination likely happened, and tries to settle disputes. If the EEOC finds that discrimination occurred, it may file a lawsuit on behalf of the worker or give the worker a "right to sue" letter that allows them to file their own lawsuit in court.

Practical Takeaway: The EEOC is a government agency that investigates workplace discrimination complaints. It does not provide jobs, money, or direct benefits to workers. It exists to enforce laws against unfair treatment in hiring, pay, promotions, and firing.

Understanding Protected Classes and Types of Discrimination

The law protects certain groups of workers from discrimination. These groups are called "protected classes." Belonging to a protected class means the law recognizes that you have extra legal protection against unfair treatment based on that characteristic. However, being in a protected class does not automatically mean you will win a complaint. You must show that discrimination actually happened.

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Race and color discrimination occurs when an employer treats someone worse because of their race or skin tone. For example, an employer cannot refuse to hire someone because they are Black, white, Latino, or Asian. Color discrimination can apply even within the same race—for instance, treating someone unfairly because they have lighter or darker skin.

Religion discrimination means treating someone unfairly because of their religious beliefs or practices. This includes Christian, Jewish, Muslim, Hindu, atheist, and other belief systems. An employer must provide reasonable accommodations for religious practices, such as allowing time off for religious holidays or prayer, unless doing so would create serious hardship for the business. For example, a company might allow an employee to take time off for Yom Kippur or allow an employee to wear religious clothing at work.

Sex discrimination includes discrimination based on someone's sex, gender identity, sexual orientation, pregnancy, or sexual harassment. In 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII protects workers from discrimination based on sexual orientation and gender identity. This means employers cannot fire or demote someone for being gay, lesbian, bisexual, or transgender. Pregnancy discrimination occurs when an employer treats a pregnant worker or a worker with pregnancy-related conditions unfairly. Sexual harassment—unwelcome comments, touching, or other conduct of a sexual nature—is a form of sex discrimination.

National origin discrimination means treating someone unfairly because of where they are from, their accent, their ethnicity, or their ancestry. An employer cannot require workers to speak only English unless the job truly requires it. An employer also cannot assume someone is not a citizen or legal worker based on their appearance or accent.

Age discrimination affects workers who are 40 years old or older. An employer cannot fire, refuse to hire, or pay someone less because of their age. Phrases like "we want someone younger and more energetic" or "you are overqualified for someone your age" can suggest illegal age discrimination.

Disability discrimination occurs when an employer does not treat a worker fairly because of a physical or mental disability. The ADA requires employers with 15 or more employees to make reasonable changes—called accommodations—to help people with disabilities do their jobs. Examples include providing a wheelchair-accessible workspace, allowing flexible work schedules for medical appointments, or providing screen-reading software for an employee with vision loss.

Genetic information discrimination means treating someone unfairly based on genetic tests or family medical history. An employer cannot use genetic information in hiring or firing decisions.

Practical Takeaway: Laws protect workers in several categories: race, color, religion, sex (including gender identity and sexual orientation), national origin, age 40 and over, disability, and genetic information. If you believe you experienced discrimination in one of these areas, you may have the right to file a complaint.

How to File an EEOC Complaint: Step-by-Step Information

Filing an EEOC complaint is a formal process with specific rules and deadlines. The first step is to decide where to file. You must file your complaint with the EEOC office in the area where the discrimination happened. You can find the nearest EEOC office on the agency's website at eeoc.gov, or you can call 1-800-669-4000.

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The EEOC has strict time limits for filing complaints. In most states, you have 180 days from the date the discrimination happened to file a charge. In states that have their own civil rights agencies, the deadline is often 300 days. The deadline is measured from the last date the discriminatory action occurred. For example, if you were fired on January 15, 2024, you would have until mid-July 2024 to file in most states, or until mid-November 2024 if your state has a civil rights agency. Missing the deadline means you lose your right to file a complaint with the EEOC.

To file a complaint, you can visit an EEOC office in person, mail a written complaint, or file online through the EEOC's online portal. When you file, you will need to provide basic information: your name, address, and phone number; your employer's name, address, and approximate number of employees; the date the discrimination happened; a description of what happened; and the name of the person who discriminated against you, if known. You do not need a lawyer to file a complaint. Many people file complaints on their own.

Your written complaint should be clear and specific. Instead of saying "my boss was mean to me," explain: "On March 3, 2024, my supervisor told me I would not be promoted because I am a woman and the job requires someone stronger. My male coworkers with similar experience were promoted to the same position." The more specific details you provide, the easier it is for an investigator to understand what happened.

After you file, the EEOC will send you a receipt confirming that your complaint was received. The EEOC will also notify your employer. Your employer is not allowed to punish you, fire you, or treat you worse because you filed a complaint. This protection against retaliation is part of the law. If your employer does retaliate, that itself is illegal, and you can file another complaint about the retaliation.

The EEOC investigator assigned to your case will contact you and your employer, review documents, and may interview witnesses. The investigation takes time—typically several months to over a year. During the investigation, the EEOC may ask you to provide documents like email messages, performance reviews, pay stubs, or witness statements. You should keep copies of all documents related to your complaint.

Practical Takeaway: To file an EEOC complaint, visit or call your local EEOC office within 180 days (or 300 days in some states) of the discrimination. Provide specific details about what happened, when it happened, and who was involved. Keep copies of all related documents.

What Happens During an EEOC Investigation

Once you file a charge, the EEOC begins a formal investigation. Understanding this process helps you know

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