Business & Work

If you think that you have experienced employment discrimination in hiring, promotions, or firing, you can contact the Equal Employment Opportunity Commission (EEOC). A union or labor organization can also be charged with discrimination. In Illinois, you must file an official charge with the EEOC within 300 days of the act of discrimination. It is best to act as soon as you decide you want to file a complaint A written statement to start a lawsuit that says what the defendant did . 

The EEOC Public Portal is the main way you can communicate with the EEOC. The first step to filing a charge with the EEOC online is to submit an inquiry through the EEOC's Public Portal. The EEOC's user's guide for submitting online inquiries will help you through the process. 

You can also find your nearest field office on the EEOC website.

There are several government organizations that protect workers from workplace discrimination. You may also be able to file with the Illinois Department of Human Rights (IDHR) or a local agency. Learn more about where to report workplace discrimination.

After you have submitted an online inquiry, you will have an interview with the EEOC. Before the interview, you can share any additional information you have through the EEOC Public Portal. 

If the EEOC accepts your complaint A written statement to start a lawsuit that says what the defendant did , they will send you a "Charge of Discrimination" to sign and file. You can view, recommend changes, sign, and file the charge through the EEOC Public Portal. The charge will include:

• A description identifying the discriminatory act,
• Information on the person who discriminated against you,
• Your telephone number and address, and
• Your signature.

Learn more from the EEOC's user's guide for post-inquiry tasks.  

Counseling or alternative dispute resolution (ADR) may be offered to try and settle To resolve a case before finishing a trial the dispute without any more formal complaints.

Some cases are referred to mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement . Mediation is voluntary, so it occurs if both you and your employer agree to it. The mediator A neutral person who helps parties in a case reach an agreement outside court does not decide the case, but they will suggest possible solutions and help the parties talk about the issues. 

If your case does not go to mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement , or if mediation is unsuccessful, the EEOC will conduct a neutral investigation of the allegations in the complaint A written statement to start a lawsuit that says what the defendant did . The amount of time the EEOC takes varies. It depends on the amount of information gathered.

You will receive a Notice of Right to Sue if the EEOC cannot determine the law was violated. A Notice of the Right to Sue gives you permission to file a lawsuit in court. If you wish to file a lawsuit, you must do so within 90 days of receiving the notice.

If the EEOC determines the law may have been violated, it will try to reach a voluntary settlement with your employer. The process of trying to reach an agreement is called "conciliation." If it cannot do so, the Investigator will refer the case to the EEOC's legal staff. The legal staff decides whether the agency should file a lawsuit. However, even when the EEOC finds reasonable cause to believe there was discrimination, the agency files lawsuits for only a small percentage of claims made. 

If EEOC decides not to file a lawsuit, you will receive a Notice of Right to Sue. If you wish to file a lawsuit, you must do so within 90 days of receiving the Notice.

If you are a federal employee or job applicant and you choose to request a hearing When the parties in a case present their sides of a case to a judge or other officer , you will be given a hearing. Before the hearing, you and your employer will be given an opportunity to view documents and other important information the other has prepared.

During the hearing, the EEOC will hear Listen to and judge a case the facts and evidence Anything used to show that something is true from you and your employer. Once both sides are heard, the EEOC will provide a final decision about the discrimination.

If you are not happy with the decision of the EEOC, you can appeal A request to change a court's decision  within 30 days of the decision.

March 2025 update: Recent actions by the EEOC suggest a shift in enforcement priorities. In February 2025, the EEOC dropped several cases about workplace discrimination against transgender people and made statements about a larger policy shift. The Acting EEOC Chair said the agency’s focus will include cases that defend “the biological and binary reality of sex” and challenge “DEI-motivated race and sex discrimination.” Also, in January 2025, the EEOC said it is reviewing and removing materials “promoting gender ideology” from its website. This is a complicated area of law. If you need help, you may want to speak to an attorney.