What Happens After You File an EEOC Charge?

Filing a charge with the Equal Employment Opportunity Commission is a necessary step before you can sue an employer for most forms of workplace discrimination. But for many people, filing the charge is where clarity ends. What happens next is often a mystery, and the process can take far longer than most people expect. Here is what you need to know about the EEOC process after your charge is filed.

Step 1: The EEOC Notifies Your Employer

After you file, the EEOC notifies your employer that a charge has been filed against them. Your employer is given an opportunity to respond. This is when many employers engage employment defense counsel if they have not already done so. The EEOC typically asks the employer to submit a written statement of its position, known as a position statement, along with supporting documents.

You will generally have the opportunity to review your employer's position statement and submit a response. This is an important step that many unrepresented employees overlook. A well-crafted response to your employer's position statement can significantly affect how the EEOC views your charge.

Step 2: Mediation

In many cases, the EEOC will offer both parties the opportunity to participate in mediation before a formal investigation begins. Mediation is voluntary and confidential. A neutral mediator facilitates a conversation between you and your employer to see if the dispute can be resolved without further process.

Mediation can be an effective and efficient path to resolution, but it requires preparation. Knowing the value of your claims, understanding what you want out of a resolution, and having experienced counsel in your corner makes a significant difference in whether mediation produces a meaningful outcome.

Step 3: Investigation

If mediation does not resolve the matter, the EEOC proceeds with an investigation. An investigator is assigned to your charge and will review documents, interview witnesses, and assess the evidence. The EEOC investigator is not your advocate. Their job is to determine whether there is reasonable cause to believe discrimination occurred, not to build your case for you.

EEOC investigations can take anywhere from several months to several years depending on the complexity of the charge and the agency's caseload. The process is often slow, and waiting can be frustrating. It is important to stay engaged and responsive throughout.

Step 4: Determination

After completing its investigation, the EEOC issues a determination. There are two possible outcomes.

No reasonable cause

If the EEOC finds no reasonable cause to believe discrimination occurred, it will issue a dismissal and a Notice of Right to Sue. This does not necessarily mean your claim is without merit. It means the EEOC has concluded its process. You still have the right to file a lawsuit in federal court, and you must do so within 90 days of receiving the Notice of Right to Sue.

Reasonable cause

If the EEOC finds reasonable cause, it will attempt to resolve the matter through a process called conciliation, essentially a structured negotiation between you and your employer. If conciliation fails, the EEOC may choose to file suit on your behalf, though this is relatively rare. More commonly, the EEOC will issue you a Notice of Right to Sue so you can pursue the matter in court yourself.

Requesting a Right to Sue Notice Early

You do not have to wait for the EEOC to complete its investigation. After 180 days have passed since filing your charge, you can request a Notice of Right to Sue at any time, allowing you to proceed to federal court without waiting for the EEOC's determination. This can be a strategic decision depending on the strength of your evidence, the pace of the investigation, and your overall litigation goals.

The Ohio Civil Rights Commission

In Ohio, you also have the option of filing a charge with the Ohio Civil Rights Commission, which enforces state employment discrimination law. Ohio law provides a longer statute of limitations for some claims and, in some cases, broader remedies. Many employees file charges with both agencies simultaneously. An employment attorney can help you determine the right strategy for your situation. Learn more about the employment law services we offer at Sobel Law Solutions.

The Bottom Line

The EEOC process is long, procedurally complex, and consequential. Every step, from responding to your employer's position statement to deciding when to request a right to sue, involves strategic decisions that affect your ultimate outcome. Having an employment attorney involved from the beginning, not just when you decide to sue, puts you in the strongest possible position. Initial consultations are free.