Discrimination at Work: Where to File a Complaint

If you believe you were treated unfairly at work because of a protected characteristic, one of the first questions is where to report it. In the United States, complaints can go to a federal agency, a state or local agency, or both, depending on the type of employer, the law involved, and where you work. Filing is often a required step before a lawsuit, and the time limits can be short. This page explains the general options and what to prepare. It does not decide whether any particular conduct is unlawful.

The main federal agency

The U.S. Equal Employment Opportunity Commission, known as the EEOC, enforces federal laws against employment discrimination. Its filing a charge page explains that a charge is the formal complaint process, and that the agency investigates whether the law was violated. The EEOC also describes the time limits for filing a charge and how the agency may notify the employer.

The EEOC's employees page lists the main types of discrimination it covers, such as age, disability, equal pay, genetic information, harassment, national origin, pregnancy, race, religion, retaliation, and sex. Coverage depends on the size of the employer and the type of claim, so it is worth checking the details that apply to you.

State and local agencies

Many states and some cities or counties have their own anti-discrimination laws and agencies. These agencies may cover employers and protected characteristics that federal law does not, or they may cover smaller employers. The EEOC's filing page notes that many states and local jurisdictions have their own agencies that enforce these laws, and that a complaint may sometimes be filed with more than one agency.

Because state and local rules differ, ask the agency or a lawyer which one applies to your workplace. Filing with the wrong office can slow down the process, so check before you submit anything.

Time limits

Time limits for filing discrimination complaints are one of the most important issues. The EEOC's filing page explains that there are time limits for filing a charge, and that claims filed late may be dismissed without investigation. State and local deadlines can be different. Do not assume that you have a long time to decide. Write down the date of each event you want to report, and check the deadline early.

Some claims involve a series of events over time, and the rules for when a deadline starts can be technical. A lawyer can help you understand which dates matter for your complaint.

What to prepare before filing

A strong complaint starts with clear facts. Gather the following before you file:

• a written timeline of events, including the dates, places, and the people involved;
• copies of emails, texts, or messages that relate to the events;
• performance reviews, schedules, pay records, or any notices about discipline or termination;
• the names of coworkers or supervisors who saw or heard relevant events;
• any complaint you made inside the company and the response you received.

Describe what happened in plain language. Stick to facts you can support, and note clearly what you saw personally and what you were told by others.

Retaliation

Retaliation is treated separately under many laws. It is generally illegal for an employer to punish an employee for filing a complaint, participating in an investigation, or opposing a practice that the employee reasonably believes is unlawful. Retaliation may include termination, demotion, reduced hours, or harassment. If you experience retaliation after you complain, write it down and include it in your records, because it may be a separate issue from the original complaint.

What happens after you file

Agencies usually send notice to the employer and may request information. Some cases are investigated, some are mediated, and some are closed. A right-to-sue notice or similar document may be issued in certain situations, and that document can be important if you later file a lawsuit. Keep every letter and notice, and note any deadline it sets. Agency processes can take a long time, so keep your own records up to date.

Internal company complaints

Many employers have an internal complaint process, and using it can be a reasonable step. A written complaint creates a record of what you reported and when. Keep a copy, and note how the company responded. An internal complaint does not always replace an agency filing, and deadlines can still run while the company investigates, so ask a lawyer whether to file with an agency at the same time.

When to talk with an employment lawyer

A lawyer can help if you are unsure which agency to use, if the deadline is near, if you have been retaliated against, or if the employer has offered a severance or settlement. A consultation can also help you understand what evidence matters and what results are possible. Ask about fees and whether the lawyer handles discrimination matters in your state. To look for an employment lawyer, start with our employment practice page.

Questions to ask before you file

• Which agency, federal or state or local, is the right place for my complaint?
• What is the deadline, and when did it start?
• Does my employer's size or type affect which law applies?
• What information should my complaint include, and what should I leave out?
• What happens if the agency dismisses the charge or does not finish its review?
• Should I raise the issue inside the company at the same time?

Free and low-cost help

Many state and local agencies provide information and intake assistance at no cost. Legal aid organizations may help low-income workers, and a bar referral service can point you to a lawyer offering a first consultation. The EEOC's website explains how to contact the agency and what information is needed. For general federal information, see USAGov.

Frequently asked questions

Do I have to file with the EEOC before I can sue? In many cases, yes, a charge with the EEOC or a state agency is required before a lawsuit under federal law. Requirements differ by claim and state, so ask a lawyer about your situation.

Can I file anonymously? Anonymous complaints are generally difficult to investigate, and filing usually requires providing your name. Ask the agency how it handles confidential information.

What if I missed the deadline? Some deadlines can be extended in limited situations, but many cannot. Contact a lawyer or agency as soon as possible to find out whether any exception may apply.

Is retaliation a separate complaint? It can be. Retaliation is often treated as its own claim, and it can be filed along with or after the original complaint, depending on the rules that apply.

General information, not legal advice. Laws change and every case is different. Talk to a licensed attorney in your state about your situation.