How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.

By Brad Nakase, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. What does an EEOC Complaint involve?

2. How can an EEOC complaint affect a business?

3. The Most Frequent Errors Made by Employers When Addressing EEOC Complaints

4. Are EEOC Complaints Serious?

5. EEOC Disputes and Legal Expenses

6. Financial Responsibility for EEOC Claims and Sanctions

7. How an employee can file an EEOC complaint

8. Things to Do Prior to Filing Charges

9. Why Internal Complaint Mechanisms Are Crucial

10. How to Submit an EEOC Complaint

11. Proceeding with a Title VII Case

12. Due Dates for Complaints

13. Advice on How to Deal With the EEOC

14. Retaliation in Response to Claims of Discrimination

15. Eliminating the Risk of Retaliation in Investigations

16. Strategies for Dealing with Retaliation

17. What Does Retaliation Mean?

18. Enforcement Measures by the EEOC

19. Why People Often Do Not File Complaints

What does an EEOC Complaint involve?

The Equal Employment Opportunity Commission (EEOC) is in charge of managing complaints lodged by individuals regarding alleged discrimination in the workplace on the basis of race, religion, national origin, age, color, sex, or disability.

The EEOC may become involved with a business if it has more than fourteen workers. Complaints to the Equal Employment Opportunity Commission (EEOC) can be submitted by any employee, not just those who believe they have been subjected to discrimination.

How can an EEOC complaint affect a business?

Many legal complications may arise for an employer after the EEOC gets a complaint alleging unlawful discrimination against its employees.

Over the next few months, there will be time-consuming official requests for more information in the form of or in addition to:

Thorough examinations
High legal costs
Unsavory press
Severe financial losses (should the legal action be successful)

When an employee files a formal complaint with the Equal Employment Opportunity Commission, the employer is required to provide the agency with any relevant paperwork and information upon formal request. Some of these things are copies of HR policies and employee files. On top of that, EEOC representatives might drop by the office, which could mess with business as usual.

Investigators from the Equal Employment Opportunity Commission may request interviews with current or former employees during their site visit. Without authorization from the employer, the EEOC can also contact workers in their personal lives.

The purpose of filing an EEOC complaint is to safeguard workers against discrimination. When the Equal Employment Opportunity Commission requests a “statement of position,” the employer has the chance to present their side of the argument. However, businesses still may incur costs in terms of time, energy, and money due to these complaints.

The Most Frequent Errors Made by Employers When Addressing EEOC Complaints

When responding to EEOC complaints, employers frequently make crucial mistakes that can worsen legal difficulties. Some typical errors are:

Putting off Responses: If you don’t send in your position statements or requested documents by the due date, you could face extra penalties or bad results.
Insufficient Proof: The employer’s case might be undermined if they do not present convincing proof or supplementary materials to disprove the claim.
Communicating Inappropriately: Employers may say or write things that are self-incriminating without meaning to. This can happen during interviews or written responses.
EEOC Request Non-Compliance: Investigations may be escalated if you refuse to permit employee interviews or submit requested documentation.
Legal Negligence: Going forward without legal counsel can cause you to make strategic mistakes that you could have prevented with sound legal counsel.

To improve results during the EEOC process and avoid these pitfalls, preemptive training and preparation are key.

Are EEOC Complaints Serious?

In order to determine whether the complaint necessitates additional action, the EEOC conducts activities to gather information. The next step is to launch a formal investigation, which may necessitate extra resources and time. Each case is unique, but generally speaking, an EEOC investigation takes around six months.

During this time, the employer should consult an attorney for guidance because it may be illegal for them to destroy any documents without first obtaining permission.

According to law firm partner Robin Shea, employers have the power to influence investigations, particularly in cases where attorneys are not involved. Even a minor complaint can escalate into an investigation if employers proceed without legal representation and inadvertently admit a violation occurred or provide too many details.

EEOC Disputes and Legal Expenses

By reaching a settlement or agreeing to mediate, employers can avert an investigation by the EEOC. Because of this, the employer will probably alter some of its rules and procedures. Additionally, they might be liable to compensate the aggrieved party. Such agreements can be kept confidential, and employers are not obligated to admit guilt or liability.

If the employer refuses to mediate or if the EEOC thinks the case is too serious for mediation, the agency may file a lawsuit against the employer. Even if the EEOC chooses not to, the employees who filed the complaint still have the option to sue. It doesn’t matter who files the lawsuit; the employer will incur significant costs and risk negative press as a result of the proceedings.

Financial Responsibility for EEOC Claims and Sanctions

When the EEOC finds an employer in violation, what are the consequences?

Compensation, reinstatement, or advancement are all possibilities, depending on the specifics of the grievance. The costs of litigation and court costs incurred by the complainants will also be the responsibility of the employers. The cost can escalate further in the event of a trial. The following are the types of damages that employees who filed complaints will receive from the court:

$50,000 per employee for 15–100 workers

$100,000 per employee for 101–200 employees

$200,000 per person for 201 to 300 employees

$300,000 per worker for more than 300 people

How an employee can file an EEOC complaint

Your employee handbook or other policies outlined during onboarding should outline the proper channels for employees to voice concerns about harassment or discrimination in the workplace.

If you are dissatisfied with the outcome of your complaint or any other aspect of the process, you have the option to file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or an equivalent state agency.

When it comes to addressing complaints, the EEOC has a clear procedure. Typically, it functions through a network of offices and imposes stringent deadlines for the filing of complaints, which can vary from approximately 90 days to nearly a year. If an employee decides to file a complaint about something they think is unlawful or discriminatory at work, they should pay close attention to the deadline.

Consider submitting a discrimination claim with the EEOC if you feel your rights have been infringed. Within ten days, they will get in touch with both you and your boss. They will begin looking into your claim shortly after that. You can either negotiate a settlement with your employer or go to court if they find that your employer broke anti-discrimination laws.

Even if your employer is based in another country, you can still lodge a complaint if you are a citizen of the United States. Just go to the nearest city or state to your employer’s U.S.-based headquarters and submit your charge(s) to the local EEOC district office.

Things to Do Prior to Filing Charges

Things they will ask you when you file:

Identifying information, such as name, phone number, and address
Information about your employer, including their name, phone number, and physical address
The cell phone numbers of people who work for your employer, an employment agency, or any other organization that is supposedly involved in the investigation
Brief details regarding the alleged infraction
When did the discrimination or alleged violation occur?

View the agency’s Overview of the Federal Sector EEO Complaint Process if you are a federal employee. Be advised that online filings with the EEOC will not be processed. For those who want to know if they should file charges with the EEOC, they can use their online assessment tool.

Why Internal Complaint Mechanisms Are Crucial

To prevent complaints from reaching the EEOC, it is important to set up transparent internal channels for employees to voice their concerns. Businesses need to do the following:

Clearly define anti-discrimination policies and offer reporting mechanisms; develop thorough policies.
Managers and employees should undergo regular training on how to identify and avoid discrimination.
To keep complaints from getting worse, handle them promptly and completely.
To prove compliance with workplace laws, keep thorough records of investigations and their outcomes.

Employers can reduce their exposure to legal liability and promote a more welcoming work environment by promoting the use of internal resolutions.

How to Submit an EEOC Complaint

You can submit a formal complaint at the regional offices of the Equal Employment Opportunity Commission. Rather than federal agencies, these are state and local ones that act as EEOC representatives. There is a three-hundred-day window following the alleged discriminatory act within which a state with its own equal employment opportunity statute may initiate a formal complaint. The filing deadline is 180 days for states without EEO legislation.

Proceeding with a Title VII Case

Keep in mind that the EEOC takes action on a very small percentage of the discrimination claims it receives. After 180 days have passed since you filed your complaint with the EEOC, you must ask for a “right-to-sue” letter so you can sue your employer in federal court.

Keep in mind that there are strict deadlines associated with the Title VII process, and that you only have 90 days from the date of the right-to-sue letter to initiate legal action. It normally costs thousands of dollars to take an employment discrimination case to court, but the law limits the EEOC’s out-of-pocket expenses to $5,000 per lawsuit.

Due Dates for Complaints

Get in touch with the EEOC right away if you’re an employee who’s been the victim of discrimination on the job. The time frame for filing a complaint is less than a year — 300 days to be precise.

Advice on How to Deal With the EEOC

In order to navigate the EEOC bureaucracy with maximum efficiency, remember these points:

Keep an eye out for any developments and get in touch with the EEOC to talk about your case.
Take a stand and make sure whoever is assisting you with your case knows about any other EEOC concerns.
Before signing anything, be sure to read the fine print thoroughly.
When submitting a complaint to the EEOC, keep all possibilities open. Never lose sight of the fact that you can always use the company-suggested complaint procedure or attempt to resolve the issue(s) independently.

Retaliation in Response to Claims of Discrimination

For many employees, the fear of retaliation from their employer is a real concern when they take legal action against discrimination, whether it be through a state civil rights commission or the Equal Employment Opportunity Commission. This form of reprisal is illegal.

If an employee is fired because of their race or because they were denied a reasonable accommodation for their disability, it could be a strong case for discrimination. The outcome of your claim will depend on whether it was based on age discrimination, religious harassment, or some other factor.

Ensuring the process’s integrity is a top priority for the EEOC and other civil rights enforcement agencies. Any business that seeks revenge can face prosecution.

It is important for anyone who has filed a discrimination complaint to remain consistent in their actions. Many workers worry that their boss is “afraid of them” and will use this as an excuse to terminate their employment. Following a complaint, it is important for both parties to keep a closer eye on each other’s behavior and to document any and all actions with great detail.

Eliminating the Risk of Retaliation in Investigations

After filing a complaint with the EEOC, it is critical to take measures to avoid retaliation. Businesses need to do the following:

Make sure your managers are aware of anti-retaliation laws so they can’t do anything bad to the person who filed the complaint.
Keep an eye on workplace interactions to proactively address any issues that may arise.
Be transparent in your communications and assure your staff that their participation in investigations will not result in any negative repercussions.
To safeguard yourself against further claims, keep meticulous records of all interactions, performance evaluations, and employment decisions.

These steps protect the person making the complaint and the company’s credibility.

Strategies for Dealing with Retaliation

In the event that your employer takes action against you because you chose to exercise your rights under anti-discrimination laws, you have the right to respond accordingly. If you have an internal complaint, you should contact the person who initially received your complaint or the company’s human resources department.

Review the incident (including when it happened and who was responsible) and include it with your charge of retaliation. Provide as much information as you can.

What Does Retaliation Mean?

When an employee experiences discrimination as a result of their complaint filing, it is considered retaliation.

No employee may be subjected to reprisal for reporting harassment or discrimination or for cooperating with an investigation into such claims. For instance, it is illegal for an employer to terminate an employee’s employment if that person contacts an Equal Employment Opportunity Commission (EEOC) investigator or backs up a coworker’s grievance regarding workplace discrimination.

Enforcement Measures by the EEOC

With the charge in hand, the EEOC has several options for how to proceed. They may initiate an investigation into your claims or mediate a settlement between you and your employer after requesting a response from your employer regarding your allegations. One peaceful way to settle the disagreement amicably is to try to mediate it or negotiate a settlement with your employer.

The EEOC has the option to sue your employer on your behalf if none of the aforementioned methods work to resolve the issue.

Why People Often Do Not File Complaints

A few of the most common justifications are as follows:

I don’t have the time: Though rarely done, a federal trial can drag on for years (even with an appeal), depending on how contentious the case is.
I want to avoid coming across as a whiner: Some employees will think this way if they don’t believe in anti-discrimination laws.
No matter what happens, I still won’t do anything to upset my boss: Staff members often refrain from lodging complaints against their supervisors out of fear of retaliation.
I would rather not betray my employer: Resolving unfairness will ultimately lead to an employer becoming more effective by putting an end to a negative corporate practice.
I don’t have a lawyer and can’t pay for one: It is possible that some workers lack the financial means to retain legal representation.

There has been a call for people to come forward and denounce unlawful discrimination. Some groups, however, seem to be even more wary than others; for example, Asian Pacific Americans and immigrant groups submit fewer complaints of discrimination.

It can be difficult to handle discrimination complaints on your own. If you feel your rights may have been violated, seek a free consultation with a workplace discrimination lawyer to discuss your options.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.

How Serious Is an EEOC Complaint?

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

Contractors receive payments through direct deposits, checks, payroll services, or online transfers, following legal and tax regulations. Proper classification, documented agreements, and compliance with IRS reporting ensure smooth transactions and avoid penalties.

What Is the Definition of a Non-Exempt Employee?

Non-exempt employees are entitled to overtime pay and must earn at least the federal minimum wage under FLSA regulations. Unlike exempt workers, they are typically paid hourly and receive 1.5 times their wage for extra hours.

Can Union Representatives Be Present at Disciplinary Meetings?

Employees have the right to request a union representative during investigative interviews that may lead to disciplinary action. Employers must comply or face potential labor law violations under the National Labor Relations Act.

What Is an FTE (Full-Time Equivalent)?

A full-time equivalent (FTE) measures employee work hours, combining part-time and full-time schedules into a standardized metric. Businesses use FTE calculations for staffing, budgeting, and compliance with regulations like the Affordable Care Act.

What Are the Signs of Unfair Treatment at Work?

Unfair treatment at work includes discrimination, pay gaps, and biased promotions, impacting employees' well-being and career growth. Recognizing signs like harassment, favoritism, and wrongful termination helps employees take action against workplace discrimination.

What Is a Statutory Employee on a W-2 Form?

A statutory employee is a self-employed worker classified as an employee for tax withholding purposes, receiving a W-2 instead of a 1099-MISC. These workers can deduct business expenses on Schedule C but typically do not receive traditional employee benefits like health insurance or retirement plans.

What Laws Protect Employees From Workplace Bullying

108

How Serious Is an EEOC Complaint?

What does an EEOC Complaint involve?

How can an EEOC complaint affect a business?

The Most Frequent Errors Made by Employers When Addressing EEOC Complaints

Are EEOC Complaints Serious?

EEOC Disputes and Legal Expenses

Financial Responsibility for EEOC Claims and Sanctions

How an employee can file an EEOC complaint

Things to Do Prior to Filing Charges

Why Internal Complaint Mechanisms Are Crucial

How to Submit an EEOC Complaint

Proceeding with a Title VII Case

Due Dates for Complaints

Advice on How to Deal With the EEOC

Retaliation in Response to Claims of Discrimination

Eliminating the Risk of Retaliation in Investigations

Strategies for Dealing with Retaliation

What Does Retaliation Mean?

Enforcement Measures by the EEOC

Why People Often Do Not File Complaints

Free Consultation