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US Employment Law

EEOC (Equal Employment Opportunity Commission)

The EEOC enforces federal anti-discrimination laws in US employment — Title VII, ADA, ADEA, and more. Before suing an employer in federal court, most employees must first file a charge with the EEOC within 180–300 days.

Legal Definition

The Equal Employment Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. It enforces federal laws prohibiting employment discrimination based on: race, colour, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin (Title VII); age 40+ (Age Discrimination in Employment Act — ADEA); disability (Americans with Disabilities Act — ADA); genetic information (GINA); and equal pay (Equal Pay Act). Before filing a federal court lawsuit for most employment discrimination claims, an employee must first file a 'Charge of Discrimination' with the EEOC. Deadlines: 180 days from the discriminatory act (states without a state agency), or 300 days (states with a state fair employment practices agency — most states). The EEOC investigates the charge and attempts mediation. If it cannot resolve the charge, it issues a 'Right to Sue' letter, allowing the employee to file in federal court within 90 days. Filing with the EEOC is free. You can file online (publicportal.eeoc.gov), by mail, or at any EEOC field office.

📖 Constitutional / Statutory Basis: Title VII of the Civil Rights Act of 1964; Americans with Disabilities Act (ADA), 1990; Age Discrimination in Employment Act (ADEA), 1967; Equal Pay Act, 1963; Genetic Information Nondiscrimination Act (GINA), 2008

Practical Example

A female employee is passed over for promotion in favour of less-qualified male colleagues. She files an EEOC charge within 300 days. The EEOC investigates and attempts mediation. When mediation fails, it issues a Right to Sue letter and she files a Title VII lawsuit in federal court.

Frequently Asked Questions

Do I have to file with the EEOC before suing for discrimination in the US?
For Title VII, ADA, ADEA, and GINA claims, yes — you must file an EEOC charge and receive a Right to Sue letter before filing in federal court. The deadline is 180 or 300 days from the discriminatory act. Missing this deadline can bar your claim.
How long does the EEOC process take?
EEOC investigation timelines vary widely — from a few months to a few years. You can request an early Right to Sue letter (for Title VII claims) after 180 days, allowing you to proceed to court without waiting for the full investigation.

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