Things to Consider Before Filing Your EEOC Complaint Checklist

• Ensure that you have reported the harassment to your employer.  In order to be legally responsible, they must reasonably know about the discriminatory activity and be given an opportunity to address it.  Many companies have an EEO policy in place that prescribes appropriate procedures for reporting either to a supervisor, human resources personnel or a designated person within the company.  It is advisable to follow said procedures and submit any reports of discrimination in writing so that you have a record.

• Ensure that you are within the statutory time-frames.   Read more in our FAQ’s or use our Deadline Calculator. 

• Ensure that you meet the protected class requirements.  Click here for more info.

• Ensure that your employer meets the minimum size requirements.   Click here for more info. 

• If you are a federal employee, ensure that you have followed the appropriate agency procedures first.  Read more in our FAQs.

• Ensure that you are willing to make the time, emotional and possible financial commitment to pursue your claim.  Click here for more info.

 Additional Filing Tips

• Retain all relevant information related to the discrimination.  If activity is ongoing, keep a small journal and record discriminatory activity, dates, parties involved, and potential witnesses.

• The employer is entitled to and will likely receive copies of your EEOC Complaint and filing documents.  As such, you should be careful to provide clear, concise, honest and direct responses to the questions and state necessary facts rather than irrelevant and potentially damaging facts.

• If you are filing in person, be sure to thoroughly read the statement before signing. The intake officer will ask you to read and sign your claim.  Be sure to scrutinize the form carefully as some later argue that their words were misstated on the EEOC charge form – an allegation that’s hard to prove once the signed form goes on record.

• If you are filing in person at the EEOC office, ask for copies of the completed complaint forms before leaving the office.  If filing by mail, be sure to retain a copy for your records.

• After filing, ensure the EEOC has current contact information of file for you so that you can receive timely updates and notices regarding the status of your claim.  Likewise you should check with the people handling your case periodically to get current status updates.

• Very few cases are accepted by the EEOC for litigation, even in instances where the agency has determined that there is cause.  In 2007, the EEOC received 87,792 claims but only filed 362 lawsuits on behalf of complainants, meaning less than 1% of the claims are actually represented by the EEOC.  Litigation is costly.  If the EEOC cannot reach a successful settlement on your behalf, they will likely dismiss and provide you with a Right to Sue Letter and you can hire a private attorney to file a lawsuit on your behalf.

Want more tips? Our Complaint Package is packed with tips as well as strategies and techniques designed to get results.