EEOC Charge
A formal complaint filed with the U.S. Equal Employment Opportunity Commission (EEOC) alleging employment discrimination under federal law (Title VII, ADA, ADEA, GINA, EPA). Generally required as administrative prerequisite before filing federal-court suit on Title VII and similar claims. Filing deadline: 180 days from discriminatory act in most states; 300 days in deferral states (including Texas through TWC-CRD work-share). Triggers EEOC investigation, conciliation, and right-to-sue letter.
An EEOC Charge is a formal complaint filed with the U.S. Equal Employment Opportunity Commission alleging employment discrimination under federal law, Title VII (race, color, religion, sex, national origin), the ADA, the ADEA, GINA, and the Equal Pay Act. Filing an EEOC charge is generally required as an administrative prerequisite before filing federal-court suit on Title VII and similar claims. The EEOC charge process serves multiple purposes: notice to the employer, EEOC investigation, conciliation opportunity, and (if no resolution) issuance of right-to-sue letter authorizing litigation.
Filing deadlines
EEOC charge filing deadlines: (1) 180 days from the discriminatory act in standard states; (2) 300 days in deferral states (including Texas) where state has a parallel state-law agency with work-sharing agreement with EEOC. The Texas deferral arrangement extends Texas EEOC charges to the 300-day deadline. Late charges are barred; the deadline is strictly applied. The "continuing violations" doctrine permits inclusion of earlier acts that are part of an ongoing discriminatory pattern, but typically requires at least one discriminatory act within the deadline.
The charge filing process
EEOC charge process: (1) intake, charge filed with EEOC field office, online portal, or by mail; (2) charge processing; (3) employer notice, EEOC notifies employer and requests position statement; (4) investigation; (5) finding, "reasonable cause" or "no reasonable cause"; (6) conciliation, for reasonable-cause findings; (7) litigation or right-to-sue. Process typically takes 6-18 months but can extend longer.
Right to sue letter
The right-to-sue letter authorizes the charging party to file federal-court suit on Title VII, ADA, GINA, and EPA claims. Key procedural points: (1) 180-day rule, charging party can request right-to-sue letter 180 days after charge filing; (2) 90-day filing deadline, federal lawsuit must be filed within 90 days of right-to-sue letter receipt; (3) scope, lawsuit can only include claims raised in or reasonably encompassed by the charge; (4) ADEA exception, right-to-sue letter not strictly required for ADEA suits. The 90-day deadline is strict; failure to file within 90 days bars the federal claim.
Texas Workforce Commission coordination
Texas charges are work-shared between the EEOC and the Texas Workforce Commission Civil Rights Division (TWC-CRD). Charges filed with either agency are typically deemed filed with both. The work-share extends the EEOC filing deadline to 300 days in Texas. State-law claims under TCHRA require administrative exhaustion through TWC-CRD. Sophisticated charging-party counsel often dual-file to preserve all claims.
Scope of subsequent litigation
Federal-court lawsuits following EEOC charges are limited to claims that were "raised in or reasonably encompassed by" the charge. Common scope issues: (1) different protected classes; (2) different employment actions; (3) retaliation, generally must be separately charged; (4) continuing violations. Charges should be drafted broadly to preserve future litigation scope without being so general as to be deemed defective.
For Texas employers and employees, the EEOC charge process is the essential gateway to most federal employment discrimination litigation. Best practice for employees: (1) calendar 300-day deadline carefully; (2) consider counsel before filing, charge drafting affects litigation scope; (3) draft charge broadly to encompass anticipated litigation theories; (4) request right-to-sue letter at appropriate time; (5) calendar 90-day federal-suit deadline strictly; (6) coordinate with TCHRA claims through TWC-CRD. Best practice for employers: (1) respond to charges promptly and completely; (2) prepare position statement carefully, admissions can affect later litigation; (3) cooperate with EEOC investigation appropriately; (4) consider settlement during conciliation phase; (5) preserve evidence relevant to charged conduct. Common pitfalls: employees missing 90-day federal-suit deadline after right-to-sue; employers making admissions in position statements that prove costly in litigation.