Where and how to report workplace discrimination

Workplace discrimination can be reported to three separate bodies, and the path you take depends on what happened and when. Most people start with their employer's internal process — usually a human resources department or a designated complaint officer — because it is often the fastest route and creates a record within the company. If that does not resolve the issue or if you distrust your employer's process, you can file a charge with the Equal Employment Opportunity Commission (EEOC), a federal agency that investigates discrimination claims. Some states also have their own civil rights agencies that run parallel to the EEOC and may move faster or offer different protections. A small number of situations allow you to skip the EEOC and file directly in court, but this is rare and usually requires legal representation to determine.

The timing matters. Federal law requires you to file an EEOC charge within 180 days of the discrimination (or 300 days in states with their own civil rights agency), so waiting too long can close off that option entirely. Your employer's internal complaint process has no legal important date, but filing internally does not stop the clock on the EEOC important date. Many people do both at once: report to HR and file with the EEOC within the same week.

Key Takeaways

  • Report discrimination to your employer's HR department or designated officer first, because it creates an internal record and is often the fastest resolution.
  • File a charge with the EEOC within 180 days of the discrimination (300 days in some states), or you lose the right to file federally.
  • You do not need a lawyer to file an EEOC charge, and the EEOC does not charge a fee.
  • State civil rights agencies can investigate in parallel with the EEOC and sometimes move faster or offer stronger protections than federal law.
  • Keep detailed records of every incident, including dates, times, what was said or done, and the names of any witnesses.

Reporting discrimination to your employer

Start by finding out how your company handles discrimination complaints. Check your employee handbook, your company intranet, or ask HR directly. Most employers have a written policy that names a specific person or department to contact — often HR, but sometimes a compliance officer, ethics hotline, or ombudsperson. If your handbook does not say, call HR and ask: "Who do I report discrimination to?" Write down the name and contact information of the person they tell you.

Make your report in writing whenever possible. Send an email to the person or department your company named, or follow whatever process your handbook describes. Include the date of the discrimination, what happened, who was involved, and any witnesses. Keep a copy for yourself. If your company requires you to use a specific form or online system, use that instead, but still keep your own copy of what you submitted and when.

Your employer is required by federal law to investigate complaints of discrimination and to take steps to stop it if they find it happened. They are not required to punish the person who discriminated, but they must act. If your employer retaliates against you for reporting — by firing you, cutting your hours, demoting you, or treating you worse — that retaliation is itself illegal and can be reported separately.

Filing a charge with the EEOC

The EEOC accepts charges by mail, online, or in person at a local EEOC office. You can file while your employer is still investigating, or after they have finished. You do not need a lawyer, and there is no fee. To file, you will need to provide the name of your employer, the date the discrimination happened, what type of discrimination it was (race, sex, age, disability, religion, national origin, genetic information, or retaliation), and a brief description of what occurred.

The fastest way to file is online through the EEOC's official website (eeoc.gov). You will answer questions about yourself, your employer, and the discrimination, and you can submit your charge when ready. You will receive a confirmation number. The EEOC will then send you a formal notice and may contact your employer to begin an investigation.

If you prefer to file in person or by mail, find your local EEOC office on eeoc.gov or call 1-800-669-4000. An EEOC staff member can help you fill out the charge form, called a "Charge of Discrimination." You can also mail a written statement describing the discrimination to your local EEOC office, and they will convert it into a formal charge. Keep a copy of everything you send.

The EEOC typically investigates charges within 180 days, though this varies by office and workload. During the investigation, the EEOC will contact your employer and ask them to respond to your allegations. The EEOC may interview you, your employer, and witnesses. If the EEOC finds that discrimination likely occurred, they will try to settle the case between you and your employer. If no settlement is reached, the EEOC will issue a "Right to Sue" letter, which allows you to file a lawsuit in federal court.

State civil rights agencies and parallel filing

Most states have their own civil rights agency — called a Department of Human Rights, Civil Rights Commission, or similar name — that investigates discrimination claims under state law. State law sometimes offers stronger protections than federal law, covers smaller employers that federal law does not, or has longer time limits to file. In states with a civil rights agency, you can file with both the state agency and the EEOC at the same time, and they will investigate in parallel.

In some states, the EEOC and the state agency have a formal agreement called "dual filing," which means filing with one automatically counts as filing with the other. In other states, you must file with both separately. The easiest approach is to file with the EEOC online (which takes 15 minutes), and then contact your state civil rights agency to ask whether you need to file a separate charge with them. Your state agency's website will list the important date to file and the process.

State agencies sometimes move faster than the EEOC or have different remedies available. For example, some state laws allow for larger damages or cover discrimination based on sexual orientation or gender identity, which federal law does not. If you live in a state with a civil rights agency, it is worth filing with both.

Documenting discrimination and gathering evidence

Before you report, collect every piece of evidence you have. Write down the date, time, location, and exact words spoken during each incident of discrimination. Include the names of anyone who witnessed it. If the discrimination was in writing — an email, text, performance review, or memo — save a copy. If it was verbal, write a summary as soon as possible while you remember it clearly.

Keep records of how the discrimination affected you: lower pay, fewer hours, a missed promotion, a negative performance review, or termination. If you have emails from your employer showing they treated you differently than coworkers, save those. If you have performance reviews showing your work was rated highly before the discrimination started and dropped afterward, that is evidence. If you have pay stubs showing your hours were cut, keep them.

Do not alter, delete, or "clean up" any documents. The EEOC and courts want to see the original record, including timestamps and metadata. If you have a text message, screenshot it with the date and time visible. If you have an email, print it or save it as a PDF with the full header showing the date it was sent. Store copies in at least two places — your personal email and a cloud storage service, for example — so you do not lose them.

What happens after you file

After you file with the EEOC, you will receive a notice with a charge number and the name of the investigator assigned to your case. The EEOC will notify your employer and give them a important date to respond. Your employer will usually submit a written response denying the discrimination or explaining their side of what happened. The EEOC may then interview you, your employer, and witnesses.

The EEOC investigation typically takes several months. During this time, you can continue working at your job (if you still have it), and your employer cannot retaliate against you for filing. If the EEOC finds reasonable cause to believe discrimination occurred, they will attempt to mediate a settlement between you and your employer. Many cases settle at this stage. If no settlement is reached, the EEOC will issue a "Right to Sue" letter, which you can use to file a lawsuit in federal court within 90 days.

If the EEOC finds no reasonable cause, they will still issue a Right to Sue letter, which means you can still file in court if you choose. You are not required to accept the EEOC's finding. Some people receive a Right to Sue letter and decide not to sue; others hire a lawyer and proceed to court.

When to consider hiring a lawyer

You do not need a lawyer to report discrimination to your employer or to file an EEOC charge. However, a lawyer can be helpful at several points. If your employer's internal investigation seems unfair or incomplete, a lawyer can review it and advise you on next steps. If you file with the EEOC and want to negotiate a settlement, a lawyer can represent you during mediation. If you receive a Right to Sue letter and want to file in court, a lawyer is usually necessary, because federal civil rights lawsuits are complex and require knowledge of evidence rules and procedure.

Many employment lawyers work on contingency, meaning they take a percentage of any settlement or judgment you win and charge no upfront fee. You can find an employment lawyer through your state bar association, through legal aid organizations if your income is low, or through referrals from friends or local advocacy groups. Some initial consultations are free, so you can talk to a lawyer about your case before deciding whether to hire them.

Frequently Asked Questions

Can my employer fire me for reporting discrimination?

No. Federal law prohibits retaliation for reporting discrimination. If your employer fires you, demotes you, cuts your hours, or treats you worse after you report, that retaliation is illegal and can be reported as a separate violation. Document the retaliation the same way you documented the original discrimination.

Do I have to report to my employer before filing with the EEOC?

No. You can file with the EEOC without reporting to your employer first. However, many people report internally first because it is faster and gives the employer a chance to fix the problem. You can do both at the same time.

What if I am afraid to report because I might lose my job?

Retaliation for reporting discrimination is illegal, and you can report that retaliation separately. If you are worried about safety or when ready job loss, consider consulting with an employment lawyer before reporting, or filing with the EEOC first (which is confidential at the start) before reporting internally.

How long does the EEOC investigation take?

Most EEOC investigations take between three and six months, though some take longer depending on the complexity of the case and the office's workload. You can contact your assigned investigator to ask about the status of your charge.

What if the EEOC finds no discrimination?

If the EEOC finds no reasonable cause, you still receive a Right to Sue letter, which allows you to file a lawsuit in federal court within 90 days if you choose. The EEOC's finding is not final; a court may reach a different conclusion.