Filing a Charge - EEOC Home Page

Not all employers are covered by the laws we enforce, and not all employees are protected. This can vary depending on the type of employer, the number of employees it has, and the type of discrimination alleged. Also, there are strict time limitsfor filing a charge that you should be aware of. Because of this, we strongly urge you to read the following information to help determine your rights and what action you need to take.

Filing an Employment Discrimination Charge with the …

 - The time requirements for filing a charge arethe same as those for Title VII and the .

EEOC Issues Guidance on Waivers of Discrimination Claims

The United States Supreme Court has held that the prescribed time limits for filing Title VII administrative charges and civil actions are not jurisdictional in nature, but more akin to a statute of limitations. Zipes v Trans World Airlines, Inc. (1982) 455 US 385, 393, 71 L Ed 234, 243, 102 S Ct 1127. As such, equitable concepts such as waiver, estoppel, and equitable tolling may apply to relieve a would-be plaintiff from the consequences of a tardy filing. 455 US at 393, 71 L Ed 2d at 243.

Filing A Charge of Discrimination Log into the EEOC Public Portal to:

Under Title VII and the ADA, a plaintiff has only 90 days to file a legal action following receipt of notice of the right to sue from the EEOC. 42 USC §§2000e-5(f)(1), 12117(a); see Gonzalez v Stanford Applied Eng’g, Inc. (9th Cir 1979) 597 F2d 1298, 1299. Failure to file a legal action within the requisite time periods gives rise to a statute of limitations defense rather than a failure to exhaust administrative remedies. See, e.g., Salgado v Atlantic Richfield Co. (9th Cir 1987) 823 F2d 1322, 1324.

How to file a charge with the EEOC Massey & Duffy
1. What is an EEOC discrimination charge and why is it important for me to file one? If you are considering filing a glass ceiling/promotion discrimination case, or other employment discrimination claim, you need to know about the Equal Employment Opportunity Commission’s (EEOC) discrimination charge filing process.

EEOC Complaint Form — PDF and Filing Tips

The DFEH has expressly waived its 60-day initial processing right of all claims and defers actions filed between 240 and 300 days of the alleged unlawful practice to the EEOC. Worksharing Agreement, §III(A)(1); DFEH Field Operations Directive No. 16 (Jan. 18, 1982); see 29 CFR §1601.13(a)(3)(iii). Such waivers are authorized by 29 CFR §1601.13(a)(3)(iii). This waiver effectively terminates the state administrative proceedings and gives the EEOC jurisdiction over any complaint filed within 300 days of the alleged illegal act. EEOC v Commercial Office Prods. Co. (1988) 486 US 107, 114, 120, 100 L Ed 2d 96, 109, 108 S Ct 1666. The net result is that generally an aggrieved individual can preserve his or her legal rights under Title VII, the ADA, and the FEHA by dual-filing a charge with either the EEOC or DFEH within 300 days of the alleged unlawful practice.

Filing A Charge of Discrimination Log into the EEOC Public Portal to: Submit an inquiry online; Schedule an intake interview; With the EEOC

How To File a Harassment Claim - The Balance

If you believe you have been discriminated against by anemployer, labor union or employment agency when applying for a jobor while on the job because of your race, color, sex, religion, national origin, age, ordisability, or believe that you have been discriminatedagainst because of opposing a prohibited practice or participatingin an equal employment opportunity matter, you may file a charge ofdiscrimination with the U.S. Equal Employment OpportunityCommission ().

Before you can sue your employer for discrimination, you must first file a charge of discrimination with the EEOC or a similar state agency.

Although the language of the law makes clear that the 300-day ..

When suing a public entity for employment discrimination in violation of the ADA, plaintiffs may have the option of proceeding under either Subchapter I or Subchapter II of the Act. Under Subchapter I, a plaintiff clearly must exhaust administrative remedies. If a plaintiff proceeds under Subchapter II, however, an argument exists that the plaintiff need not exhaust.