EEOC claim eligibility tool

Estimates only. EEOC coverage and deadlines involve fact-specific exceptions (continuing violations, equitable tolling, specific state agency rules). This tool provides a general estimate - an employment attorney confirms your exact deadline before it passes. See our full disclaimer.

EEOC eligibility and deadline calculator

Your employer

Approximate number of employees at your employer Title VII (race, sex, religion, national origin) applies at 15+. ADEA (age) applies at 20+.

Type of employer Federal government employees follow a different, faster process (EEO counselor within 45 days).

The basis for your claim

What is the primary basis for your claim?

Timing

Does your state have a fair employment agency? (most states do) Most states and many cities have their own agency (a "FEPA"), which extends your federal deadline to 300 days.

Date of the most recent discriminatory act

Your EEOC eligibility and deadline

Talk to an employment attorney - free

An employment attorney confirms your exact deadline, helps prepare your EEOC charge, and advises whether to also pursue a state agency claim in parallel. Deadlines are strict - don't wait to get guidance.

What is the EEOC and why does filing with them matter?

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing workplace discrimination laws. For most federal discrimination claims - Title VII, the ADEA, the ADA - you must file a charge with the EEOC before you can file a lawsuit in court. This is called "exhausting administrative remedies."

After you file, the EEOC investigates, may attempt mediation, and eventually issues a "right to sue" letter - either after completing its investigation or, if you request it, after 180 days have passed without resolution. You generally have 90 days from receiving that letter to file a lawsuit in federal court.

Many states have their own parallel anti-discrimination agencies (FEPAs) with work-sharing agreements with the EEOC, meaning a charge filed with one is typically considered filed with both. If your situation also involves harassment, review the workplace harassment intake tool to organize your documentation before filing.

What is the difference between the 180-day and 300-day deadlines?

The baseline federal deadline to file an EEOC charge is 180 days from the discriminatory act. But if your state has its own fair employment agency with authority over the same type of claim (which is true in most states), the deadline extends to 300 days.

This distinction matters enormously - missing the 180-day mark isn't necessarily fatal if you're in a state with a 300-day extension, but assuming you have 300 days when you actually only have 180 (a few states and situations don't qualify for the extension) can permanently bar an otherwise valid claim. Confirm your specific state's status rather than assuming.

What happens after you file an EEOC charge?

The EEOC will notify your employer and may offer mediation, which can resolve many cases faster and more privately than investigation or litigation. If mediation doesn't happen or doesn't resolve the matter, the EEOC investigates - reviewing documents, interviewing witnesses, and sometimes requesting a written response from the employer.

Investigation timelines vary enormously based on the EEOC office's caseload - often 6 months to over a year. You can request a right-to-sue letter after 180 days regardless of whether the investigation is complete, which lets you proceed to court if you don't want to wait for the EEOC process to finish. If your termination is also at issue, use the wrongful termination screener to assess the fuller picture of your claim.

Frequently asked questions

In most cases, missing the deadline permanently bars your federal discrimination claim - courts strictly enforce these filing periods and dismiss late charges except in narrow circumstances. Limited exceptions exist under a doctrine called "equitable tolling," which may apply if the employer actively concealed the discriminatory nature of an action, if you had a legitimate reason you couldn't have known about the violation sooner, or in cases of continuing violations where a pattern of discrimination extends into the filing period even if it started earlier. These exceptions are narrow and unpredictable - don't rely on them. If you believe you may have missed a deadline, consult an attorney immediately to assess whether any exception might apply.

Yes, in most states. Because of work-sharing agreements between the EEOC and state fair employment agencies, filing with either one is typically treated as filing with both, preserving your rights under both federal and state law. Some states offer additional protections or longer deadlines beyond federal law - California, for example, has broader coverage and a considerably longer statute of limitations than the federal minimum. An attorney can advise whether filing with your state agency provides advantages over the EEOC for your specific situation, including sometimes faster processing or additional remedies not available under federal law.

No, you can file an EEOC charge on your own without an attorney - the process is designed to be accessible to individuals filing pro se. However, having an attorney review your situation before filing is valuable because they can help you frame the charge to capture every viable legal theory, identify additional claims you might not recognize, and advise on strategy (such as whether to also pursue a state claim). Many employment attorneys offer free initial consultations specifically to help evaluate whether your situation supports a claim before you commit time to the filing process.

A right to sue letter is the EEOC's formal notice that you may proceed to file a lawsuit in federal court. You automatically receive one if the EEOC closes its investigation without finding sufficient evidence to proceed, or if the EEOC decides not to pursue litigation itself after finding reasonable cause. You can also request one after 180 days have passed since you filed your charge, even if the investigation isn't complete, which lets you move to court sooner if you prefer not to wait. Once you receive the letter, you generally have only 90 days to file your lawsuit - another strict deadline that's easy to miss if you're not tracking it carefully.

Filing an EEOC charge is protected activity under federal anti-retaliation law - your employer cannot legally fire, demote, or otherwise punish you specifically for filing. If they do, this creates a separate and often stronger retaliation claim, since the connection between the protected activity (filing) and the adverse action is usually clearer than in the underlying discrimination claim. That said, filing doesn't guarantee an employer won't attempt retaliation - if it happens, document it immediately and consult an attorney, since you may be able to amend your existing charge or file a new one specifically addressing the retaliatory conduct.