Equal Employment Opportunity Commission (EEOC) Claim Representation

5 min read time
filing a claim with a lawyer

When you're treated unfairly at work due to your race, gender, age, disability, religion, or another protected trait, the impact is deeply personal, but it’s also a matter of law. 

The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with enforcing workplace anti-discrimination laws in the United States. 

If you've experienced discrimination or harassment, filing an EEOC claim may be your first step toward justice.

At Morgan & Morgan, we understand how intimidating this process can be. That’s why our employment attorneys are committed to helping workers file and pursue EEOC claims with skill, sensitivity, and tenacity. Below, we’ll explain what the EEOC does, how the claim process works, and why having legal representation can make all the difference.

If you’re ready to speak about your claim, contact Morgan & Morgan today for a free case evaluation to learn more about your options.

 

What Is the EEOC?

The Equal Employment Opportunity Commission is a federal agency created by the Civil Rights Act of 1964. Its mission is to protect employees and job applicants from workplace discrimination and to enforce laws such as:

  • Title VII of the Civil Rights Act (race, color, religion, sex, national origin)
  • The Americans with Disabilities Act (ADA)
  • The Age Discrimination in Employment Act (ADEA)
  • The Equal Pay Act
  • The Genetic Information Nondiscrimination Act (GINA)

These laws apply to most employers with at least 15 employees (or 20 in the case of age discrimination). The EEOC investigates discrimination complaints, mediates disputes, and may file lawsuits on behalf of workers.

 

What Qualifies as Discrimination?

Discrimination can take many forms. Here are some examples that may warrant filing an EEOC claim:

 

Hiring and Firing Discrimination

  • You’re not hired or promoted because of your gender or age.
  • You’re laid off while younger or less experienced employees with similar qualifications remain employed.

     

Unequal Pay or Benefits

  • You’re paid less than a colleague of a different race or gender for doing the same job.
  • You're denied health coverage or other benefits offered to others in your role.

     

Harassment

  • You’re subjected to racial slurs, sexual jokes, or unwanted advances.
  • A supervisor or coworker creates a hostile work environment that interferes with your ability to do your job.

     

Retaliation

  • Your employer punishes you for reporting discrimination or participating in an investigation.
  • You’re demoted, reassigned, or disciplined after filing a complaint.

     

Failure to Accommodate

  • Your employer refuses to make reasonable accommodations for your disability or religious beliefs.
     

If you believe your rights were violated, it’s crucial to act quickly. There are strict deadlines for filing an EEOC claim.

 

 

How the EEOC Charge Process Works

Here’s an overview of what happens after you decide to file a charge:

 

Step 1: Intake and Filing

You start by submitting an inquiry through the EEOC’s Public Portal, in person, by mail, or over the phone. You’ll describe your experience and provide any supporting documentation. If the EEOC determines your complaint falls under its jurisdiction, you’ll file a formal charge of discrimination.

 

Step 2: Notice to Employer

Once your charge is filed, the EEOC notifies your employer. This doesn’t mean a lawsuit has been filed. It simply begins the investigation process.

 

Step 3: Mediation (Optional)

The EEOC may offer mediation to help both parties resolve the issue informally. This process is free and voluntary but often leads to faster resolutions. Legal representation is helpful here to ensure you don’t settle for less than your claim is worth.

 

Step 4: Investigation

If mediation isn’t chosen or is unsuccessful, the EEOC investigates the charge. This may involve:

  • Interviewing witnesses
  • Reviewing documents
  • Visiting the workplace

The EEOC aims to complete investigations within 10 months, though complex cases may take longer.

 

Step 5: Determination

After reviewing the evidence, the EEOC will either:

  • Dismiss the charge if it finds insufficient evidence, or
  • Issue a Letter of Determination stating that there is “reasonable cause” to believe discrimination occurred.

     

Step 6: Right to Sue

Regardless of the outcome, the EEOC will issue a Right to Sue letter, which allows you to file a lawsuit in federal court. If you receive this letter, you typically have 90 days to take action.

 

Why You Need an Attorney for an EEOC Claim

Although you can technically file an EEOC charge without an attorney, navigating this process alone puts you at a disadvantage. Here’s how legal representation from Morgan & Morgan can help:

 

We Help Build a Strong Case

Our attorneys gather documentation, interview witnesses, and help frame your complaint in a way that increases the chances of a favorable outcome.

 

We Fight to Maximize Your Settlement

If your employer offers a settlement during mediation, we evaluate whether it covers all your losses—wages, emotional distress, legal fees, and more.

 

We Protect You From Retaliation

It’s illegal for an employer to retaliate against you for filing an EEOC charge. We act quickly if your employer punishes you for speaking up.

 

We’re Ready for Trial

If the EEOC process doesn’t lead to resolution, we’re prepared to take your case to court. Our firm has the resources and experience to stand up to even the biggest employers.

 

We Work For the People—Not the Powerful

At Morgan & Morgan, we don’t charge upfront. We only get paid if we win your case. That means you can focus on your rights, not the cost of legal help.

 

Common Mistakes Employees Make and How to Avoid Them

Filing an EEOC claim involves more than just submitting a complaint. Here are some pitfalls to avoid:

 

Waiting Too Long

Delays can cause you to miss filing deadlines or lose key evidence. Talk to a lawyer as soon as you suspect discrimination.

 

Failing to Document

Keep emails, texts, performance reviews, and notes from meetings. These can support your claim later.

 

Settling Too Quickly

Your employer may offer a small settlement to avoid scrutiny. Don’t sign anything without legal review.

 

Not Reporting Internally First

In many cases, especially involving harassment, the EEOC expects that you’ve reported the issue internally. Use HR channels if they exist, and keep records of your complaints.

 

What Compensation Could You Receive?

If your EEOC claim is successful, you may be entitled to several forms of compensation:

  • Back pay: Wages and benefits lost due to discrimination.
  • Front pay: Compensation for future lost earnings.
  • Compensatory damages: For emotional distress, pain and suffering.
  • Punitive damages: If your employer’s conduct was especially egregious.
  • Attorneys’ fees and costs: So you’re not left footing the legal bill.

Each case is different, but our goal at Morgan & Morgan is to secure every dollar you’re owed.

 

Time Limits: Don’t Miss Your Window

You generally have 180 days from the date of the alleged discrimination to file a charge with the EEOC. In some cases, such as if your state has a local agency enforcing anti-discrimination laws, this window may extend to 300 days.

This clock starts ticking from the last discriminatory act. That’s why documenting incidents and timelines is critical.

Missing the deadline could mean losing your chance to hold your employer accountable.

 

Why Choose Morgan & Morgan?

With over 1,000 attorneys nationwide and a proven track record of standing up to powerful employers, Morgan & Morgan is America’s largest plaintiffs’ law firm. We’ve recovered over $25 billion for our clients, and we’re just getting started.

When you work with us, you’re not just getting a lawyer. You’re getting a team of legal professionals who care deeply about fairness in the workplace. We take on employment cases with passion, purpose, and the resources to win.

If you believe you’ve been discriminated against at work, don’t suffer in silence. The law is on your side, and so are we. Filing an EEOC claim can feel overwhelming, but with Morgan & Morgan on your side, you don’t have to go it alone.

Contact us today for a free, confidential case evaluation. We’re here to listen, support you, and fight for the justice you deserve.

Disclaimer
This website is meant for general information and not legal advice.

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