If you need help with EEOC com­plaints or the fil­ing process, you can post your legal need on UpCoun­sel’s mar­ket­place. Lawyers on UpCoun­sel come from law schools such as Har­vard Law and Yale Law, and aver­age 14 years of legal expe­ri­ence, includ­ing work with or on behalf of com­pa­nies like Google, Men­lo Ven­tures, and Airbnb. Employ­ees are pro­tect­ed from retal­i­a­tion or from par­tic­i­pat­ing in an inves­ti­ga­tion when it comes to harass­ment or dis­crim­i­na­tion. For exam­ple, an employ­er may not fire an employ­ee sim­ply because the employ­ee reach­es out to an EEOC inves­ti­ga­tor or sup­ports a col­league’s com­plaint against dis­crim­i­na­tion at the com­pa­ny. If you are an employ­ee expe­ri­enc­ing dis­crim­i­na­tion from your employ­er, you are advised to con­tact the EEOC imme­di­ate­ly.

You can add, mod­i­fy, or delete infor­ma­tion for non-legal con­tacts and/or legal rep­re­sen­ta­tives han­dling mat­ters con­cern­ing the Charge on behalf of your orga­ni­za­tion. Direct­ly below Your Orga­ni­za­tion infor­ma­tion, the Charge of Dis­crim­i­na­tion Page (Chap­ter 5, Fig­ure 6) iden­ti­fies the type of response expect­ed from your orga­ni­za­tion. For exam­ple, you may see a notice that tells you a state­ment of your orga­ni­za­tion’s posi­tion and any sup­port­ing doc­u­men­ta­tion should be uploaded into the Respon­dent Por­tal by a par­tic­u­lar date. If the name of your orga­ni­za­tion in the Charge of Dis­crim­i­na­tion is inac­cu­rate, you may sub­mit a request to have that name mod­i­fied (see Error! Ref­er­ence source not found.).

  1. The Equal Employ­ment Oppor­tu­ni­ty Com­mis­sion (EEOC) enforces laws that make dis­crim­i­na­tion ille­gal in the work­place.
  2. If the EEOC does not have the legal author­i­ty to address your sit­u­a­tion, we will refer you to oth­er agen­cies that may be able to help you.
  3. Please be advised that the Mes­sage Cen­ter is no longer accept­ing any requests for assis­tance.
  4. If the com­plaint was made inter­nal­ly with­in the com­pa­ny, first talk to the per­son who took your orig­i­nal com­plaint, or speak direct­ly with the com­pa­ny’s HR depart­ment.

Please note that if you would like to access a charge you have already sub­mit­ted through this appli­ca­tion, you must do so through the EEOC Pub­lic Por­tal. EEOC has part­nered with Wes­t­at, a pri­vate research and data col­lec­tion firm, to con­duct and man­age the EEO data col­lec­tions. The EEO‑3 Report, for­mal­ly known as the Local Union Report, is a bien­ni­al data col­lec­tion con­duct­ed every oth­er year in the even-num­bered cal­en­dar years from https://adprun.net/ Local Refer­ral Unions. If your orga­ni­za­tion needs more infor­ma­tion and is unsure about agree­ing to medi­a­tion, fol­low the pro­ce­dure defined above, but click and con­firm Unde­cid­ed instead. An EEOC rep­re­sen­ta­tive will con­tact your orga­ni­za­tion with more infor­ma­tion about the EEOC’s medi­a­tion pro­gram and the ben­e­fits of par­tic­i­pat­ing. At the top of the Charge of Dis­crim­i­na­tion Page (Chap­ter 5, Fig­ure 6) is Your Orga­ni­za­tion infor­ma­tion.

Dur­ing this time, the employ­er may be pro­hib­it­ed from destroy­ing any doc­u­ments with­out pri­or per­mis­sion, and they should hire a lawyer for coun­sel. When vis­it­ing, the EEOC staff may ask the employ­er for employ­ee inter­views. The EEOC can also con­tact employ­ees out­side of work with­out the employ­er’s per­mis­sion. Once the Equal Employ­ment Oppor­tu­ni­ty Com­mis­sion (EEOC) receives a com­plaint that an employ­er ille­gal­ly dis­crim­i­nat­ed against its work­ers, that employ­er may be in for a long peri­od of legal issues. Please note that com­pa­ny data trans­ferred using the EEO‑1 Com­po­nent 1 Online Fil­ing Sys­tem (OFS) is encrypt­ed. The laws apply to all types of work sit­u­a­tions, includ­ing hir­ing, fir­ing, pro­mo­tions, harass­ment, train­ing, wages, and ben­e­fits.

For the Employee: How to File an EEOC Charge of Discrimination

The EEOC col­lects work­force data from employ­ers with more than 100 employ­ees (low­er thresh­olds apply to fed­er­al con­trac­tors). Employ­ers meet­ing the report­ing thresh­olds have a legal oblig­a­tion to pro­vide the data; it is not vol­un­tary. The data are used for a vari­ety of pur­pos­es includ­ing enforce­ment, self-assess­ment by employ­ers, and research. Each of the reports col­lects data about sex and race/ethnicity by some type of job group­ing. This infor­ma­tion is shared with oth­er autho­rized fed­er­al agen­cies in order to avoid dupli­cate col­lec­tion of data and reduce the bur­den placed on employ­ers. Although the data is con­fi­den­tial, aggre­gat­ed data are avail­able to the pub­lic.

EEOC will review your request and deter­mine whether or not the charge should be amend­ed to reflect the request­ed name change. Keep in mind that the EEOC process takes time, so there will be gaps between entries about your charge in the Online Charge Sta­tus Sys­tem. Even when you do not see any change in the sta­tus of your charge, EEOC staff are hard at work. Retal­i­a­tion occurs when an employ­ee has been dis­crim­i­nat­ed against because they filed a com­plaint. Robin Shea, a part­ner in a law firm, says employ­ers can influ­ence an inves­ti­ga­tion, espe­cial­ly when not work­ing with a lawyer. By unin­ten­tion­al­ly admit­ting a vio­la­tion occurred or pro­vid­ing too many details, employ­ers mov­ing for­ward with­out a lawyer can turn even the most triv­ial com­plaint into a full-blown inves­ti­ga­tion.

Frequently Asked Questions

The com­mis­sion over­sees all types of work sit­u­a­tions includ­ing hir­ing, fir­ing, pro­mo­tions, harass­ment, train­ing, wages, and ben­e­fits. Your orga­ni­za­tion may sub­mit gen­er­al cor­re­spon­dence doc­u­ments to EEOC through the Por­tal, for mat­ters relat­ed to the charge. To sub­mit gen­er­al cor­re­spon­dence doc­u­ments, fol­low the pro­ce­dure as for “Sub­mit­ting a Dig­i­tal Posi­tion State­ment to EEOC” (above), but select the “Oth­er Cor­re­spon­dence” Doc­u­ment Type at Step 3 instead of select­ing “Posi­tion State­ment”. If your orga­ni­za­tion has­n’t iden­ti­fied at least one Legal Rep­re­sen­ta­tives, then its Orga­ni­za­tion Contact(s) receive the email noti­fi­ca­tions. If legal rep­re­sen­ta­tives are added, then the email noti­fi­ca­tions will be sent to them instead of the Orga­ni­za­tion Con­tacts. On the right side of the Charge of Dis­crim­i­na­tion Page (Chap­ter 5, Fig­ure 6) is infor­ma­tion about your orga­ni­za­tion’s Con­tacts.

The pub­lished dead­line to sub­mit and cer­ti­fy the 2023 EEO‑4 report was Tues­day, Decem­ber 5, 2023. After the Tues­day, Jan­u­ary 9, 2024, “Fail­ure to File” dead­line pass­es, no addi­tion­al 2023 EEO‑4 reports will be accept­ed, and eli­gi­ble state and local gov­ern­ments will be out of com­pli­ance with their manda­to­ry 2023 EEO‑4 fil­ing oblig­a­tions. If you have already sub­mit­ted a request to the Fil­er Sup­port Team and are await­ing a response, please be advised the Fil­er Sup­port Team is in the process of address­ing those requests.

For federal agencies

A charge of dis­crim­i­na­tion is a signed state­ment assert­ing that an employ­er, union, or labor orga­ni­za­tion engaged in employ­ment dis­crim­i­na­tion. The laws the EEOC enforces, except for the Equal Pay Act, require a per­son to file a charge before fil­ing a law­suit. A charge of dis­crim­i­na­tion is a signed state­ment assert­ing that an orga­ni­za­tion engaged in employ­ment dis­crim­i­na­tion. The laws require the EEOC to noti­fy an employ­er that a charge of dis­crim­i­na­tion has been filed against it. The laws enforced by EEOC, except for the Equal Pay Act, require you to file a charge before you can file a law­suit for unlaw­ful dis­crim­i­na­tion. The reports require infor­ma­tion on employ­ment sta­tus by sex and race/ethnicity.

All updates about the 2023 EEO‑4 data col­lec­tion, includ­ing sup­ple­men­tary resource mate­ri­als, will be post­ed to /eeo4 as they become avail­able. The EEO‑1 online Fil­er Sup­port Mes­sage Cen­ter (i.e., fil­er help desk) is also now avail­able to assist fil­ers with any ques­tions they may have regard­ing the 2022 col­lec­tion. EEOC’s Online Charge Sta­tus Sys­tem allows both indi­vid­u­als who have filed a charge of dis­crim­i­na­tion (charg­ing par­ties) with EEOC and respon­dents, and their respec­tive rep­re­sen­ta­tives, to track the progress of the charge. Should you decide to exer­cise your rights under the anti-dis­crim­i­na­tion laws and your employ­er responds neg­a­tive­ly toward you for doing so, you can take action in return. If the com­plaint was made inter­nal­ly with­in the com­pa­ny, first talk to the per­son who took your orig­i­nal com­plaint, or speak direct­ly with the com­pa­ny’s HR depart­ment. The activ­i­ties car­ried out by the EEOC are meant to col­lect infor­ma­tion and fig­ure out if the com­plaint requires fur­ther action.

The employ­ees who filed the com­plaint can still sue, even if the EEOC decides not to. Regard­less of who sues, lit­i­ga­tion pro­ceed­ings are a con­sid­er­able cost for the employ­er and can lead to bad pub­lic­i­ty. Once the EEOC fol­lows up with a for­mal request, the employ­er sup­plies doc­u­ments and oth­er infor­ma­tion rel­e­vant to the case when a work­er files a com­plaint. The EEOC staff may also vis­it the office, which may be dis­rup­tive to the com­pa­ny and its oper­a­tions. Many states and local juris­dic­tions have their own anti-dis­crim­i­na­tion laws, and agen­cies respon­si­ble  for enforc­ing those laws (Fair Employ­ment Prac­tices Agen­cies, or FEPAs).

U.S. Equal Employment Opportunity Commission

Unau­tho­rized or improp­er use of this sys­tem is pro­hib­it­ed and may result in dis­ci­pli­nary action and/or civ­il and crim­i­nal penal­ties. Per­son­al use of social media and net­work­ing sites on this sys­tem is lim­it­ed as to not inter­fere with offi­cial work duties and is sub­ject to mon­i­tor­ing. If a Request For Infor­ma­tion is made by EEOC, you may sub­mit your orga­ni­za­tion’s response to EEOC through the Por­tal. Fol­low the pro­ce­dure as for “Sub­mit­ting a Dig­i­tal Posi­tion State­ment to EEOC” (above), but select the “RFI Response” Doc­u­ment Type at Step 3 instead of select­ing “Posi­tion State­ment”. If you iden­ti­fy more than one con­tact or legal rep­re­sen­ta­tive, you’ll need to iden­ti­fy which one of them is the pri­ma­ry con­tact or rep­re­sen­ta­tive. If, on the oth­er hand, your orga­ni­za­tion wished to decline the medi­a­tion offer, fol­low the pro­ce­dure defined above, but click and con­firm No instead.

An EEOC com­plaint can be very seri­ous, as it can cost employ­ers time, mon­ey, and effort. If the com­plaint is tak­en to court, it can be an extreme­ly cost­ly affair for eeoc por­tal a busi­ness – and it can also dam­age its rep­u­ta­tion. Not all EEOC com­plaints are tak­en to court, though, as some may end ami­ably, with a set­tle­ment or medi­a­tion.

The EEOC and oth­er civ­il rights enforce­ment agen­cies make it a high pri­or­i­ty to pro­tect the process’s integri­ty. Keep in mind that you still have the abil­i­ty to try to solve the issue(s) at hand on your own or go through the com­plaint pro­ce­dure sug­gest­ed by the com­pa­ny. When you face work­place harass­ment or dis­crim­i­na­tion, your first step should be express­ing con­cerns inter­nal­ly, using the pro­ce­dures detailed in your employ­ee hand­book, or oth­er poli­cies out­lined in the onboard­ing process.