EEOC Age Discrimination Claims Process

You’ve Filed with the EEOC, Now What Happens?

You took a big step, you filed a complaint with the EEOC because you believe age discrimination played a role in what happened to you at work. Whether you were pushed out, passed over, or treated differently because of your age, filing is often the first moment you finally feel heard.

But now that the paperwork’s in, what comes next? Silence after submitting a complaint can feel confusing. The truth is, the process can take time, and unfortunately, no one hands you a playbook. That’s where we come in.

At Horn Wright, LLP, our employment law attorneys have helped New Yorkers just like you navigate every part of this federal process. We break it down clearly, help you prepare for each stage, and make sure you’re not left guessing what happens next.

What the EEOC Does After Receiving Your Claim

Once you’ve submitted your charge, your case enters the EEOC system—and things start moving, even if you don’t see it right away. First, the EEOC reviews your complaint to see if it falls under the Age Discrimination in Employment Act (ADEA), which protects workers aged 40 and up under 29 U.S. Code §§ 621–634.

Then:

• Your employer is notified, usually within 10 business days of your claim being accepted
• The EEOC classifies your case, deciding whether to pursue mediation, assign an investigator, or dismiss the claim for jurisdictional reasons
• If accepted, your claim may be cross-filed with the New York State Division of Human Rights (NYSDHR) under the New York State Human Rights Law (NYSHRL), N.Y. Exec. Law §§ 290–301

From there, the EEOC may ask for additional documentation from both you and your employer. Some cases head to mediation first. Others go straight into a full investigation.

What surprises people most? The pace. It’s not fast. You may not hear much for weeks, or even months. But behind the scenes, steps are happening, and a good attorney will make sure your case doesn’t get buried in the pile.

Deadlines and Investigative Timelines in New York

Timing matters. Whether you’re filing with the EEOC, NYSDHR, or both, there are deadlines that cannot be missed.

If you’re in New York, here’s what you need to know:

• You have 300 days to file an EEOC complaint from the date of the discriminatory act
• You have 1 year to file a NYSHRL complaint through the NYSDHR
• Once filed, EEOC investigations may take several months, depending on the complexity of the case

These timelines are tied directly to ADEA § 626(d) and N.Y. Exec. Law § 297(5). Miss the window, and you may lose your chance to file altogether.

But here’s the part people miss: internal complaints to HR don’t stop the clock. If your company says they’ll “look into it,” that doesn’t pause your deadline. You need to act before those windows close, even if you’re still trying to resolve things internally.

The Role of Mediation and Employer Response

If the EEOC offers mediation, don’t ignore it. It might be a faster route to resolution, but only if your employer is willing to play fair. The process starts with a voluntary meeting where both sides, guided by a neutral mediator, try to reach an agreement before formal investigation begins.

Here’s what usually happens:

• You and your employer are invited to participate in mediation within 60 days of the charge being served
• If your employer refuses, the claim goes back into the investigation queue
• If they agree, the process becomes confidential, nothing shared during mediation is used later in court

At the same time, your employer is asked to submit a position statement, which outlines their defense. This response can be incredibly telling—and often includes inconsistencies that don’t hold up under scrutiny.

Under 29 U.S. Code § 626(b), the EEOC can then begin its formal investigation, gathering records, interviewing witnesses, and analyzing whether your employer’s conduct violated age discrimination law. In tandem, the NYSHRL under § 296(1) allows the NYSDHR to pursue similar action.

Don’t feel pressured to settle during mediation unless the terms actually reflect what you’ve endured. Our employment law attorneys can help you evaluate whether what’s on the table is fair, or just an attempt to brush your complaint aside.

Employees in Vermont Face Shorter Complaint Windows Than Those in New York

Laws protecting employees vary by state, and timing is one of the biggest differences. In Vermont, workers often face shorter complaint windows and fewer procedural protections compared to what’s available in New York.

Here’s a quick comparison:

• Vermont’s deadlines to file with the EEOC may shrink to 180 days, unless dual-filing with the state is specifically requested
• New York extends EEOC filing time to 300 days thanks to broader protections under state law
• Vermont’s Fair Employment Practices Act offers some age discrimination protection, but lacks the depth and state-level infrastructure found in New York

In New York, overlapping protections under the ADEA and NYSHRL mean your claim is more likely to survive jurisdictional challenges and delays. If you live in New York, or your employer operates here, you’re filing from a stronger legal position from day one.

How the EEOC Works with New York State Agencies

New York and the EEOC work together under a formal “work-sharing agreement.” That means you don’t have to choose which agency to file with—they’ll handle that for you.

If you file with the EEOC:

• Your claim is automatically cross-filed with the NYSDHR, unless you opt out
• You preserve both federal and state rights, including the ability to seek emotional distress damages under NYSHRL § 296(3-a)
• You benefit from two layers of review, which can be useful if one agency closes a case while the other continues

This dual protection matters. The ADEA only covers employers with 20 or more employees, but New York’s Human Rights Law applies to those with as few as four. If you work for a smaller business, that distinction can make or break your claim.

In practice, dual filing makes your case harder to ignore and gives you access to a broader set of remedies if the claim progresses beyond the administrative stage.

When You Can Request a “Right to Sue” Letter

Some people wait months for an EEOC resolution. Others realize early on that the agency won’t be able to move fast enough. If you decide to take your case to court, you’ll need a Right to Sue letter.

Here’s how it works under federal law:

• You can request a Right to Sue letter 60 days after filing under the ADEA
• Once it’s issued, you have 90 days to file a lawsuit in federal court
• If the EEOC closes your case, they’ll typically send the letter automatically

In New York, this step also interacts with NYSHRL § 297(9), which allows you to move your case into state court if you no longer want to pursue administrative remedies through the NYSDHR.

This stage is often where people get overwhelmed, and miss deadlines. That’s why working with legal counsel is so important. The clock is not flexible, and your window to act is brief.

A Right to Sue letter doesn’t mean your case is weak. Sometimes it’s simply the best way to keep control over the timeline and seek more comprehensive relief in court.

Horn Wright, LLP, Will Guide You Through the Entire Federal Claims Process

You’ve taken the first step by filing a complaint. But if you’re feeling overwhelmed by silence, deadlines, or confusing next steps, you don’t have to go it alone.

At Horn Wright, LLP, our employment law attorneys are here to guide you from start to finish. We’ve helped workers across New York file EEOC age discrimination complaints, pursue fair settlements, and take their claims to court when needed. We’ll make sure your case doesn’t get lost in the system, and we’ll stand beside you when it matters most.

See how we’ve been recognized for protecting employees nationwide from unfair treatment, and why people trust Horn Wright, LLP, to help them move forward with strength, strategy, and support.