What does my employee mean when they say they’re going to “file a claim” for discrimination with the EEOC?

Short answer: They intend to report alleged discrimination to the EEOC for investigation.

Full answer: When an employee says they’re going to “file a claim” for discrimination with the EEOC, they plan to submit a formal Charge of Discrimination to the U.S. Equal Employment Opportunity Commission (EEOC).
This charge alleges that the employer has violated federal laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC will then investigate the claim by reviewing evidence, interviewing witnesses, and potentially mediating between the employee and employer.
For example, the employee might state: “I believe I was denied a promotion due to my age and intend to file a charge with the EEOC.”

Process Overview:

• Filing the Charge: The employee must submit the charge within 180 days of the alleged incident (or 300 days if state laws also apply).
• EEOC Investigation: The EEOC will assess the claim, request documents, and may conduct interviews.
• Outcome: If the EEOC finds cause, it may pursue mediation or issue a “right-to-sue” letter allowing the employee to file a lawsuit in federal court.

Warning: Avoid Common Mistakes: Employers should not retaliate against an employee for filing a charge, as retaliation claims are one of the most common findings by the EEOC. Conducting an internal investigation and consulting legal counsel is advisable upon notification.

General federal norm: Title VII of the Civil Rights Act of 1964; Americans with Disabilities Act (ADA); Age Discrimination in Employment Act (ADEA)
State: All States
Link to legislative resource: U.S. Equal Employment Opportunity Commission (EEOC)