When a claim is filed with the federal Equal Employment Opportunity Commission (EEOC), it means that an employee, a former employee, or a job applicant is alleging that they were discriminated against by the employer because of their race, color, religion, sex, pregnancy, sexual orientation, national origin, age, disability, or other federally protected characteristic.
When the EEOC receives a claim of discrimination, it sends a notice to the employer. The notice will either ask the parties to participate in a mediation program to resolve the claim or instruct the employer to provide a written answer to the charge before it investigates. Discrimination claims usually need to be filed with the EEOC before a person can sue. However, claimants don’t have to wait for the EEOC to investigate and can instead ask for a “right to sue” letter, which will usually end the EEOC’s investigation. Claimants then have 90 days after receiving the letter to file a lawsuit, but many will attempt to negotiate with the employer first.
This Q&A does not constitute legal advice and does not address state or local law.
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