EEOC Race Discrimination Claims Process

Filing an EEOC Race Discrimination Claim Shouldn’t Be This Hard

You know something isn’t right. You’ve been treated differently at work, passed over, insulted, or isolated, and it’s not because of your performance. It’s because of your race. The law says you’re protected, but the process of filing a complaint can feel confusing and intimidating. 

Our employment law attorneys at Horn Wright, LLP, help New Yorkers cut through the red tape and file Equal Employment Opportunity Commission (EEOC) claims that stand strong. Federal protections under Title VII of the Civil Rights Act of 1964 make it illegal to discriminate against someone in hiring, firing, pay, promotions, or any other employment condition based on race. 

State-wise, these protections are reinforced by the New York State Human Rights Law and the New York City Human Rights Law, which often provide broader remedies. Unlike some states, New York also allows you to file directly in state court if you choose not to go through the EEOC.

If you’re ready to take the next step, call us at (855) 465-4622. We’ll help you document what happened, build your timeline, and move your case forward with clarity and confidence.

Understanding What Counts as Race Discrimination

Before you file, it’s important to know whether your experience qualifies under federal law. The EEOC defines race discrimination broadly to include any unfair treatment because of your skin color, hair texture, facial features, or traits linked to racial identity.

It’s not just about racial slurs. Discrimination includes being held to different standards, denied promotions, isolated by management, subjected to stereotypes, or disciplined more harshly than others. Even a single incident can qualify if it’s severe enough, but a pattern of conduct, no matter how subtle, can also support a claim.

Sometimes, race discrimination is baked into the company’s culture or policies, making it harder to spot. For example, grooming codes that disproportionately impact Black employees or biased performance evaluations that disadvantage certain groups are actionable under the law. The EEOC takes these patterns seriously.

And if retaliation followed when you spoke up or filed a complaint? That’s illegal too.

Step-by-Step: How the EEOC Process Works

Filing a formal claim with the EEOC doesn’t have to feel overwhelming. Here's a breakdown of how it works:

• Initial intake and screening. You’ll start by submitting an online inquiry or calling the EEOC to schedule an interview. During the intake meeting, you’ll describe what happened and answer questions about dates, names, and what evidence you have. The EEOC uses this to determine whether your claim meets the legal definition of race discrimination.
• Formal charge filing. If your case qualifies, you’ll file a formal charge of discrimination. This document is signed under oath and becomes part of the legal process. Once filed, the EEOC notifies your employer.
• Employer response and mediation. The EEOC gives the employer a chance to respond. In some cases, they’ll offer mediation to resolve things early. If mediation fails or is skipped, the investigation moves forward.
• Investigation phase. The EEOC may collect records, interview witnesses, or request additional documents. This stage can take several months. They’re looking for evidence that supports or contradicts your claim.
• Finding and outcome. If the EEOC finds discrimination, they’ll try to negotiate a remedy with your employer. If they don’t, or if you want to skip waiting, you can request a "Notice of Right to Sue" and take your claim to court.

Tips for Building a Strong EEOC Race Discrimination Claim

There’s a lot you can do to protect yourself and strengthen your claim from day one. Start collecting these pieces now, even if you haven’t filed yet:

• Document every incident. Write down the who, what, when, and where of each event. Be specific. The more detailed your notes, the harder they are to dismiss.
• Save emails, texts, and screenshots. If you’ve been mistreated or excluded, look for evidence in writing. Messages that show bias or unequal treatment matter.
• Track who’s being promoted or praised. Keep an eye on patterns. If white employees advance while people of color are sidelined, that supports your claim.
• Get witness support if possible. Coworkers who saw what happened can help. Even if they’re afraid to testify, their statements can be valuable.
• File internally first. If your company has HR or a formal complaint process, use it. Even if they ignore you, it shows you tried to resolve things before turning to the EEOC.

Timelines Matter: Don’t Miss Your Window

The clock starts ticking the moment discrimination occurs. In New York, you have 300 days to file an EEOC complaint from the last act of discrimination. If you wait too long, you may lose your right to bring a federal claim.

This deadline applies whether you were denied a promotion, fired, harassed, or retaliated against. It’s best to act as soon as possible, not only to preserve your legal rights, but because evidence and witness memories fade fast.

If you’re still experiencing the discrimination today, that clock resets with every new incident. But once things stop or you leave your job, the countdown begins. Don’t assume your employer will remind you of the deadline. They won’t. These time limits are strict and missing them can mean your case gets dismissed before it even begins. 

Talking to employment attorneys early can help preserve evidence, identify your filing options, and keep your case alive. Even if you’re unsure about taking action, it’s better to understand the window than to lose your chance to act.

What to Expect After You File

After your claim is filed, things may feel quiet, but that doesn’t mean nothing’s happening. 

The EEOC will notify your employer and give them a chance to respond. In many cases, they’ll offer voluntary mediation as an early opportunity to resolve the issue without a long investigation. If mediation isn’t offered or fails, the EEOC launches a formal investigation.

You may be asked to provide documents, clarify your complaint, or name witnesses. The agency will gather evidence from both sides, interview relevant individuals, and assess whether there’s reasonable cause to believe discrimination occurred. If they find proof, they’ll try to reach a settlement between you and your employer.

If no agreement is reached or the EEOC chooses not to proceed, you’ll receive a Notice of Right to Sue. From that point, you typically have 90 days to file a lawsuit in federal court. That notice gives you the green light to move forward with your own legal team.

Remedies the EEOC May Recommend

If your claim is successful, the EEOC can pursue a range of remedies on your behalf:

• Back pay for lost wages and benefits. This includes the income you would have earned if the discrimination had not occurred. It may also include bonuses, overtime, and retirement contributions you missed. The goal is to restore what you lost financially.
• Reinstatement to your job or promotion. If you were fired or passed over for a role, you may be placed back in that position. This sends a clear message to your employer that discrimination has consequences. Reinstatement can also include restoring your seniority or benefits.
• Compensatory damages for emotional distress. Experiencing racism at work takes a toll on your mental health. These damages acknowledge anxiety, humiliation, and stress. You don’t have to suffer in silence without legal recognition.
• Punitive damages if your employer acted with malice. These are meant to punish egregious behavior and prevent it from happening again. They usually apply when an employer knowingly violated the law. High punitive awards send a warning to others.
• Changes in company policies or training requirements. The EEOC can mandate reforms that protect future employees. This might include new anti-discrimination training or rewriting biased job descriptions. These structural changes help create safer, more inclusive workplaces.

Keep in mind: If the EEOC doesn’t act fast enough, you can still request your Notice of Right to Sue and go to court with your own legal team.

You’re Not Just a Case Number

Our employment law attorneys at Horn Wright, LLP, know the EEOC process can feel cold and impersonal. That’s why we treat every claim like it matters, because it does. 

You’re not just a case number to us. You’re a person who deserves respect, accountability, and a path forward. See how we’ve helped others in New York stand up to race discrimination at work. 

Connect with us today to book your free, no-obligation consultation.