Someone initially files an employment discrimination complaint by first using the internal complaint procedures established by their employer, if available. This is typically the first step before escalating the matter externally
. If the internal process is not available or does not resolve the issue, the complaint can be filed with a government agency:
- The most common federal agency for filing employment discrimination complaints is the Equal Employment Opportunity Commission (EEOC). Complaints to the EEOC can be filed online, by mail, in person at a local EEOC office, or by telephone. The charge must generally be filed within 180 days of the alleged discriminatory act, though this deadline can extend to 300 days if a state or local agency enforces a similar anti-discrimination law
- Depending on the type of discrimination and employer size, some complaints may be filed with the Department of Justice’s Immigrant and Employee Rights Section (IER), especially for discrimination based on citizenship or immigration status
- State and local Fair Employment Practices Agencies (FEPAs) also handle employment discrimination complaints under state laws and may be an alternative or concurrent filing option alongside the EEOC
In summary, the initial filing typically starts with the employer’s internal complaint mechanism, followed by filing a charge with the EEOC or a relevant state/local agency if necessary
. Filing directly with the EEOC is a common and official first step for federal employment discrimination claims
