10 Questions Employees Ask Before Filing With the EEOC

When workplace discrimination, harassment, or retaliation starts affecting your job, it’s common to have one big question followed by ten smaller ones. Does this really qualify? Is it too late? Will my employer find out? What happens after I file?

Those questions are normal. The Equal Employment Opportunity Commission, or EEOC, is the federal agency that enforces many workplace anti-discrimination laws, and filing a charge can be an important step before any lawsuit is even possible in many cases. The agency received 88,531 new charges in fiscal year 2024, a 9.2% increase from the prior year, which gives some context for how many workers are trying to figure this process out. EEOC annual performance data

In this post, you’ll learn the 10 questions employees commonly ask before filing with the EEOC, along with plain-English answers about deadlines, evidence, retaliation, mediation, and what filing may look like in practice. If you want a broader overview of the administrative process, this guide on what the EEOC process usually looks like from start to finish can also help frame the bigger picture.

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Table Of Contents

1. What Types Of Workplace Problems Can Be Filed With The EEOC?

The EEOC handles charges involving discrimination under federal laws covering race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, disability, age 40 or older, genetic information, equal pay issues, and retaliation for asserting protected rights. The EEOC’s official “Know Your Rights” materials also make clear that retaliation is independently prohibited. EEOC poster and worker rights materials, retaliation overview

In general terms, that means the EEOC process may come into play when an employee believes an employer made a decision, tolerated harassment, denied accommodation, or punished someone because of a protected characteristic or protected activity. Examples can include: