Filing an EEOC Charge
Understanding the EEOC charge filing process, deadlines, and strategic considerations for disability discrimination claims.
Filing a charge of discrimination with the Equal Employment Opportunity Commission is the mandatory first step before you can bring a federal employment discrimination lawsuit. But it is far more than a procedural requirement — it is a strategic opportunity to frame your case, preserve your claims, and create leverage for resolution. In FY2024, the EEOC received over 29,000 disability discrimination charges — the largest single category of charges filed. The decisions made at the charge-filing stage shape every phase of the case that follows.
Filing Deadlines
EEOC charges are subject to strict filing deadlines that vary by jurisdiction:
- 180 days from the discriminatory act in states without a local fair employment agency
- 300 days from the discriminatory act in states with a local agency (California, Illinois, Texas)
- 45 days for federal employees to contact an EEO counselor
- Continuing violation doctrine may extend deadlines for ongoing discriminatory conduct
What the Charge Should Include
A well-drafted EEOC charge does more than check boxes — it strategically frames the facts to maximize the scope of investigation and preserve all viable claims. We ensure charges identify every applicable theory of discrimination, name the correct respondent entities, and describe the discriminatory conduct with sufficient specificity to support both administrative resolution and subsequent litigation.
Dual Filing & State Agencies
In most jurisdictions, an EEOC charge can be cross-filed with the relevant state agency — the DFEH/CRD in California, the IDHR in Illinois, or the TWC in Texas. Dual filing preserves both federal and state claims simultaneously. In California, this is particularly important because FEHA provides broader protections and different remedies than federal law.
What Happens After Filing
After a charge is filed, the EEOC may investigate, offer mediation, request a position statement from the employer, or issue a right-to-sue letter. With EEOC staffing at approximately 1,770 FTE — well below historical levels — processing times have lengthened significantly. Each of these stages presents strategic opportunities that most firms ignore. We approach each stage as an advocacy opportunity — not as paperwork to process.
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