Job Discrimination, File with EEOC, Usually Within 180 Days
If you face discrimination at work because of race, color, religion, sex, national origin, age (40 or older), disability or genetic information, you can file a charge with the Equal Employment Opportunity Commission (EEOC); the deadline is generally 180 calendar days, extended to 300 days when a state or local law prohibits the same kind of discrimination. EEOC says you can file online through the EEOC Public Portal, in person at one of its 53 offices, or by mail; calling 1-800-669-4000 can start the process, but charges aren’t taken over the phone.
An employer must have a certain number of employees to be covered by the laws EEOC enforces, and the number depends on the type of employer and the kind of discrimination. This article follows EEOC’s filing page: how to file, how the deadline works and what to include if you file by mail.
What EEOC covers
EEOC explains (EEOC how to file a charge of employment discrimination):
- Protected bases: race, color, religion, sex (including pregnancy, transgender status and sexual orientation), national origin, age (40 or older), disability and genetic information.
- Retaliation: EEOC also takes charges of retaliation.
How to file
- Online: submit an inquiry through the EEOC Public Portal and schedule an interview by phone, video or in person.
- In person: visit one of 53 EEOC offices, 8:00 a.m. to 4:30 p.m., Monday through Friday; walk-ins are seen first come, first served, with imminent deadlines seen first.
- By mail: send a letter with the required information; EEOC says it can’t investigate a letter that isn’t signed.
- State or local agencies: filing with a state or local fair employment practices agency can also count as filing with EEOC.
- Phone: 1-800-669-4000 can start the process and explain how to file, but charges aren’t taken over the phone; if your deadline is near, call to ask for an immediate interview. TTY 1-800-669-6820; ASL video phone 1-844-234-5122.
Deadlines
- General: 180 calendar days after it happened.
- With a state or local law: extended to 300 days when a state or local agency enforces a law prohibiting the same kind of discrimination.
- Age discrimination: extended to 300 days only with a state law and an enforcing state agency, not with only a local law.
- Federal employees: federal employees and applicants for federal jobs have a different complaint process.
What to include in a mailed charge
- About you: your name, address, email and phone number.
- The employer: the name, address, email and phone number of the employer (or employment agency or union), and the number of employees if you know it.
- What happened: the discriminatory actions, when they happened and why you believe it was discrimination.
- Signature: you must sign it.
EEOC’s coverage page says national origin discrimination by smaller employers (with 4 to 14 employees) is prohibited by the Immigration Reform and Control Act; the Justice Department also handles citizenship status, national origin and I-9 document discrimination, see Immigration Status or I-9 Bias at Work, File with DOJ IER. For unpaid wages, see Unpaid Wages, File with DOL Wage and Hour, No Retaliation; for an unsafe workplace, see Unsafe at Work, File an OSHA Complaint, Anonymous Is Allowed.
What this article did not check
- How many employees an employer needs to be covered: the coverage page only says it depends on the type of employer and the kind of discrimination; how to count employees is on another page, which this article did not check.
- Whether your deadline is 180 or 300 days: it depends on whether your state or local area has the same kind of law, which this article did not check; you can call 1-800-669-4000 to ask.
- Fees, immigration status and what happens after filing: the page doesn’t say, so this article doesn’t either.
Frequently asked questions
Is there a deadline for a job discrimination charge?
Yes. Generally 180 calendar days after it happened, extended to 300 days when a state or local law prohibits the same kind of discrimination.
Can I file by phone?
No. EEOC says it doesn’t take charges over the phone; calling 1-800-669-4000 can start the process and explain how to file.
What should I watch for when filing by mail?
Include your information and the employer’s, what happened and when, and be sure to sign it; EEOC can’t investigate an unsigned letter.
Should I go to EEOC or the Justice Department for national origin discrimination?
Both agencies’ pages mention national origin discrimination. EEOC says national origin discrimination by smaller employers (with 4 to 14 employees) is prohibited by the Immigration Reform and Control Act; if you’re not sure, you can call both first.
Sources and dates checked
All checked on 2026-10-31.
- EEOC, How to File a Charge of Employment Discrimination (no date on the page):https://www.eeoc.gov/how-file-charge-employment-discrimination
- EEOC, Coverage (no date on the page):https://www.eeoc.gov/employers/coverage-0