Filing a Discrimination Claim with EEOC

Holding Employers Accountable Through the Federal System

You’ve put up with the comments. You’ve watched less qualified coworkers get promoted. You’ve tried to brush it off, but now it’s affecting your paycheck, your mental health, and your future. Filing a complaint might feel intimidating, but the moment you reach out, you’re taking back control.

Our employment law attorneys at Horn Wright, LLP, walk employees across New York—and in states like Vermont, New Hampshire, New Jersey, and Maine—through every step of the EEOC process. 

Some states offer additional protections, but the federal route gives you the chance to hold employers to account on a national level. Call us at (855) 465-4622 if you think your workplace has crossed the line. We'll help you figure out where to go from here.

Know What You’re Up Against Before You File

Not every bad day at work is illegal. But when unfair treatment is tied to your race, sex, religion, disability, or another protected trait, it becomes something more. This section breaks down what the law actually protects and what it doesn’t.

Before you jump into the process, you need to know whether your experience qualifies as unlawful discrimination. Not all unfair treatment breaks the law, but when it’s based on a protected characteristic—like race, sex, religion, disability, or age—it likely crosses the line.

• If you’re being harassed, demoted, passed over, or fired because of your identity, you have legal grounds. The Equal Employment Opportunity Commission (EEOC) covers a wide range of protected traits under Title VII and related statutes.
• Discrimination doesn't need to be loud or hateful. Subtle patterns, like constant microaggressions or disparate discipline, can support a claim when they target a protected class.
• If your company has 15 or more employees, federal law kicks in. For age discrimination, the threshold is 20 employees, and for equal pay complaints, there's no minimum.
• You don’t need to have direct evidence like a slur in an email. Circumstantial patterns, documents, and witness statements can be enough to trigger an investigation.

The Clock Is Ticking: Don’t Miss Your Filing Window

Deadlines matter more than you think. In most cases, you’ve only got 300 days to file an EEOC charge in New York due to a work-sharing agreement with the state. Miss that deadline, and you may lose your legal right to pursue your case.

This deadline starts from the date of the discriminatory act—not when you realized it, not when it got worse. That’s why it’s so important to document everything early. Even if you’re still working there, the clock doesn’t stop ticking.

Some states like New Hampshire only allow 180 days unless extended by partnership with the EEOC. And once your claim is filed, the agency might take weeks or months to begin investigating, so don’t wait. The sooner you act, the more leverage you’ll have.

What You Need to File a Strong EEOC Complaint

Filing a complaint is one thing. Backing it up with proof is another. If you want your claim to go anywhere, you’ll need to gather real documentation that shows what you’ve experienced.

• Keep a clear, dated log of every discriminatory incident, especially if they span several months. Your notes can help connect the dots if things escalate. Consistency in your record makes your complaint harder to dismiss.
• Save any relevant emails, performance reviews, Slack messages, or memos that could support your claim. These documents often back up what memory alone cannot. These small details often tip the scale.
• Write down names of witnesses who saw or heard anything, even if they didn’t speak up at the time. Their testimony can help reinforce your credibility. Independent validation makes your case stronger.
• Include information on how the discrimination affected your career, health, or finances. Concrete examples of impact strengthen your claim. The EEOC looks for harm, not just intent.

What Happens After You File

The process doesn’t end once you hit “submit.” After filing, you’ll get a confirmation and a charge number. Then comes the waiting, and sometimes, an EEOC investigator will reach out to ask questions or request documents. This stage can feel slow and unclear, but that doesn’t mean your case isn’t moving.

You may be offered mediation—an informal process to resolve the issue without an investigation. If that doesn’t work or isn’t offered, the EEOC investigates. This can include interviewing coworkers, reviewing records, and assessing whether discrimination likely occurred. The more detail you provide early on, the easier this process becomes.

Once the investigation wraps, you’ll receive a determination letter. If the EEOC finds cause, they may help resolve the issue. If not, or if time runs out, you’ll get a Notice of Right to Sue, which allows you to file a lawsuit in federal court. 

Mediation vs. Litigation: How You Choose Your Path

After filing, you might have more than one road ahead. Mediation offers a faster, lower-conflict option. Litigation is heavier, but it can also be a stronger move if your case demands it.

• Mediation gives you a faster, more private route to resolution. It can be less stressful than court and often results in quicker outcomes. It’s voluntary and usually occurs within a month or two of filing.
• If you want monetary compensation, policy changes, or a clean employment record, mediation can help—but only if both sides play fair. You still have negotiating power during this step.
• If mediation fails or isn’t offered, litigation is next. This route can take longer but may bring stronger legal remedies. With a Right to Sue letter, you have 90 days to file in court.
• Choosing between the two depends on your goals, your employer’s response, and whether you’re emotionally ready for a fight. Weighing these factors helps guide the right legal strategy.

You Can File While Still Employed And They Can’t Retaliate

One of the biggest myths about EEOC discrimination claims is that you have to quit your job first. That’s absolutely false. Many people file while still working because they need that paycheck while protecting themselves at the same time. Staying on the job doesn’t weaken your claim. It can actually add context.

Under federal and New York law, retaliation is illegal. If your employer starts cutting your hours, writing you up unfairly, or isolating you after you file, those actions can trigger a second legal claim for retaliation. That can actually strengthen your overall case. Document every shift in behavior as soon as you notice it.

If you're scared of backlash, that’s understandable. But you don’t have to do this alone. Employment attorneys experienced in EEOC procedure can shield you from missteps and give you options you didn’t know you had. Legal protection exists to empower, not punish, those who speak up. 

Horn Wright, LLP, Helps You Fight for the Dignity You Deserve

You don’t need to stay silent. You don’t need to accept less than what’s fair. 

At Horn Wright, LLP, we help workers stand tall in the face of discrimination, retaliation, and employer intimidation. If your rights were violated, our employment law attorneys help you fight back and we’ll be with you every step of the way.

Connect with us online to request a complimentary case review at one of the leading law firms in the country.