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Introduction

Warning: This is the most complicated article on the Web site. The "ins and outs" of complying with all the requirements for pursuing an employment discrimination claim are difficult even for attorneys. This article is not intended to guide you through the process of filing a claim or lawsuit on your own. As with the other articles on this Web site, this information is provided for those persons who want to learn general, introductory information about employment discrimination law.  These articles are not a substitute for competent legal representation.

Before a person can sue for employment discrimination, he or she must usually file an "administrative charge" with the EEOC. An administrative charge (or "charge" for short) is an EEOC form that is filled out by the employee, filed with the EEOC and sent to the employer (by the EEOC).

On the charge form, the employee is required to provide background information: name, date of birth, address, etc. The form also asks the name of the employer, the type of discrimination being alleged and there is a space on the form for a narrative explanation of the problem.

The purpose of filing an administrative charge is to put the employer on notice of the allegations, give the EEOC a chance to investigate and give the parties a chance to resolve the dispute before a lawsuit is filed.

After the EEOC concludes its investigation, or after the expiration of 180 days, an employee can request a "right to sue letter" from the EEOC. A right to sue letter is basically an admission ticket to federal court. Unless the employee has that "ticket," she cannot file a lawsuit against her employer. Moreover, this ticket is only good for 90 days. An employee who does not file her lawsuit within 90 days of receiving her right to sue letter will probably have her suit thrown out by the district court.

However, just to make things a little more complicated, certain types of employment discrimination claims do not require filing a charge with the EEOC (the employee can proceed directly to federal district court without a right to sue letter); and federal employees have different filing requirements altogether.

Therefore, while the following disclaimer is true for this entire Web site, it is especially true here: If you believe you have been a victim of discrimination, you should consult an attorney as quickly as possible. Do not try to represent yourself.

Which statutes require an administrative charge

The following federal statutes require an employee to file an administrative charge with the EEOC (and obtain a right to sue letter) before filing a lawsuit:

1. Age Discrimination in Employment Act (age discrimination)

2. Title I of the Americans with Disabilities Act (disability discrimination)

3. Title VII (national origin, pregnancy, race, religious and gender discrimination)

Which statutes do not require an administrative charge

The following federal statutes do not require an employee to file an administrative charge with the EEOC (and obtain a right to sue letter) before filing a lawsuit:

1. Equal Pay Act (unequal pay based on gender)

2. 42 U.S.C. Section 1981 (race discrimination)

3. 42 U.S.C. Section 1983 (suits against governmental entities for violations of the Equal Protection Clause)

4. The Rehabilitation Act (disability discrimination by a government agency or by certain private employers who work for the federal government)

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