Title I Technical Assistance Manual

How does EEOC process charges of discrimination?

• A charge of employment discrimination may be filed with EEOC against a private employer, state or local government, employment agency, labor union or joint labor management committee. When a charge has been filed, EEOC calls these covered entities "respondents."

• Within 10 days after receipt of a charge, EEOC sends written notification of receipt to the respondent and the charging party.

• EEOC begins its investigation by reviewing information received from the charging party and requesting information from the respondent. Information requested from the respondent initially, and in the course of the investigation, may include: specific information on the issues raised in the charge;

• the identity of witnesses who can provide evidence about issues in the charge;

• information about the business operation, employment process, and workplace; and

• personnel and payroll records.

(Note: All or part of the data-gathering portion of an investigation may be conducted on-site, depending on the circumstances.)

• A respondent also may submit additional oral or written evidence on its own behalf.

• EEOC also will interview witnesses who have knowledge of the alleged discriminatory act(s).

• EEOC may dismiss a charge during the course of the investigation for various reasons. For example, it may find that the respondent is not covered by the ADA, or that the charge is not timely filed.

• EEOC may request additional information from the respondent and the charging party. They may be asked to participate in a fact-finding conference to review the allegations, obtain additional evidence, and, if appropriate, seek to resolve the charge through a negotiated settlement.

• The charging party and respondent will be informed of the preliminary findings of the investigation -- that is, whether there is cause to believe that discrimination has occurred and the type of relief that may be necessary. Both parties will be provided opportunity to submit further information.

• After reviewing all information, the Commission sends an official "Letter of Determination" to the charging party and the respondent, stating whether it has or has not found "reasonable cause" to believe that discrimination occurred.