where does someone initially file an employment discrimination complaint?
You usually start by filing an employment discrimination charge with a government agency, not by going straight to court.
Where you file first
For most privateâsector and many publicâsector workers in the U.S., the initial place to file is:
- A local or state Fair Employment Practices Agency (FEPA), or
- A regional office of the U.S. Equal Employment Opportunity Commission (EEOC).
These agencies often have âworkâsharing agreements,â so filing with one generally counts as filing with the other when both state and federal laws apply.
Typical paths
- Privateâsector employee (nonâfederal): File a charge with the EEOC or your state/local FEPA; you usually must do this before suing under federal antiâdiscrimination laws.
- State or local government employee: Often file with a state or local equal employment or human rights agency (a FEPA), which may also dualâfile with EEOC if federal law is involved.
- Federal employee or job applicant: Start with the Equal Employment Opportunity (EEO) office at your agency, usually within 45 days of the discriminatory act.
- If specific laws apply (for example, USERRA for militaryârelated discrimination): You may need to file with a different agency such as the U.S. Department of Laborâs VETS program.
Because deadlines can be short (often 180â300 days from the discriminatory act, and only 45 days for federal employees), it is important to contact the appropriate agency quickly.
This is general information, not legal advice. For personalized guidance, you should consult an employment or civilârights attorney in your state.