How to File an EEOC Charge in New York

To bring a claim under the main federal anti-discrimination laws, a worker first files a "charge" with the U.S. Equal Employment Opportunity Commission (EEOC). In New York the period for a Title VII charge is 300 days after the alleged unlawful practice, because New York has State and City agencies with authority to grant relief.⁠^[1][2][8] The process starts with an online inquiry and an intake interview, but the inquiry is not the charge: the charge is a signed statement asserting that an organization engaged in employment discrimination.⁠^[3][9]

This page covers the federal layer only. Claims under the New York State Human Rights Law and the New York City Human Rights Law have different forums and time limits, set out in the master deadlines table.

Which claims go through the EEOC?

The laws the EEOC enforces, except the Equal Pay Act, call for a charge before a lawsuit for unlawful discrimination.⁠^[3] That includes Title VII and the Americans with Disabilities Act (ADA), whose employment title adopts Title VII's procedures.⁠^[10] Title VII covers employers with 15 or more employees, and the Age Discrimination in Employment Act (ADEA) covers employers with 20 or more.⁠^[11][12]

Three kinds of federal claim follow a different path:

• Age claims. An ADEA charge is still called for, but no right-to-sue notice is needed; the person may sue once 60 days have passed since the charge was filed.⁠^[13]
• Equal Pay Act claims. The EEOC says a person does not need to file a charge and may go directly to court, and that filing a Title VII charge does not extend the Equal Pay Act period.⁠^[14]
• Race claims under 42 U.S.C. § 1981. Filing a Title VII charge is not a prerequisite to a § 1981 lawsuit, and a timely EEOC charge does not toll the limitations period for a § 1981 action on the same facts.⁠^[15]

Federal employees use a separate process that begins with contact with an agency EEO counselor within 45 days.⁠^[16] See the guide for federal employees in New York.

What is the deadline, and why 300 days?

Title VII sets a base period of 180 days after the alleged unlawful employment practice. The period is 300 days where the person has first instituted proceedings with a State or local agency with authority to grant or seek relief, or 30 days after receiving notice that the State or local agency has terminated its proceedings, whichever is earlier.⁠^[1] The EEOC's regulation lists both the New York State Division of Human Rights and the NYC Commission on Human Rights as designated agencies.⁠^[8] The EEOC's New York District Office states the result plainly: 300 days from the date of the alleged harm for charges in New York, including age charges against employers with 20 or more employees.⁠^[2]

Three more points about counting:

• The days are calendar days. Weekends and holidays count, but if the last day falls on a weekend or holiday the person has until the next business day.⁠^[17]
• The Supreme Court has held that a person whose charge would be untimely under state law still gets the extended 300-day federal period.⁠^[18]
• The EEOC says time limits generally will not be extended while a person tries to resolve the dispute through an internal grievance procedure, a union grievance, arbitration or mediation.⁠^[17]

When does the 300 days start?

Under Title VII, each discrete act, such as a termination, a failure to promote, a denial of transfer or a refusal to hire, starts a new clock, and a discrete act outside the period is time-barred even if it is related to acts in a timely charge.⁠^[19] A hostile work environment claim is timely as long as at least one act contributing to it falls within the period; the whole period of the hostile environment may then be considered.⁠^[20] The EEOC puts it this way for the public: in harassment cases the charge is due within 180 or 300 days of the last incident, and the agency will look at earlier incidents when investigating.⁠^[17] The continuing violation guide explains the distinction.

The Supreme Court has held that the charge period is not a limit on a court's jurisdiction but works like a statute of limitations, subject to waiver, estoppel and equitable tolling.⁠^[21] The charge itself remains mandatory: the Court held in 2019 that Title VII's charge-filing requirement is "a processing rule, albeit a mandatory one," and not a limit on the courts' jurisdiction.⁠^[22] The guide on tolling and exceptions covers what happens after a missed date.

How to file, step by step

1. Submit an inquiry. The EEOC asks people to start by submitting an online inquiry through the EEOC Public Portal.⁠^[9][3]
2. Schedule the intake interview. The portal is used to schedule an interview by telephone, by video or in person.⁠^[9][23] At the New York District Office, walk-ins are seen first-come, first-served, with people who have imminent filing deadlines seen first.⁠^[23]
3. If time is short, say so. The EEOC says a person whose filing deadline is fast approaching should call 1-800-669-4000 to ask for an immediate interview.⁠^[9]
4. Sign the charge. A charge is in writing, signed and verified; "verified" includes an unsworn written declaration under penalty of perjury.⁠^[24]
5. Keep the charge number and a copy of what you signed. This is practical record-keeping, not a legal rule.

The EEOC also accepts a charge by letter. It says the letter should include the person's name and contact details, the employer's name and contact details, the number of employees if known, a short description of the events and when they took place, why the person believes the treatment was discriminatory, and a signature; it cannot investigate an unsigned letter.⁠^[25]

Under the EEOC's regulation, a charge is sufficient when the agency receives a written statement precise enough to identify the parties and describe generally the action complained of, and a charge may be amended later to cure technical defects, including a missing verification, with the amendment relating back to the date the charge was first received.⁠^[26] The Supreme Court has also held, in an age discrimination case, that a filing is a charge only if it can reasonably be read as a request for the agency to take remedial action.⁠^[27]

Does a charge reach the State or City agency, and the reverse?

The EEOC's general description of "dual filing" is that when a charge filed with the EEOC is also covered by state or local law, the EEOC shares it with the state or local agency but ordinarily keeps it for processing, and that an agency with a worksharing agreement does the same in the other direction.⁠^[28] Under New York State and City law, a charge that reaches the State Division or the City Commission by referral from the EEOC is not treated as an election of remedies.⁠^[29]

The reverse direction has changed for the City. As of October 2026, the NYC Commission on Human Rights states, in a notice updated April 24, 2026, that it no longer automatically cross-files employment discrimination claims with the EEOC, and that a person who files at the Commission and may want to pursue the claim in federal court should also file with the EEOC.⁠^[7][30] The State Division's public pages on reporting, what to expect, hearings and contact, as of August 2026, do not mention the EEOC or dual filing, so whether a Division complaint also reaches the EEOC is a point to confirm with the Division or the EEOC in each case.⁠^[31] See dual filing and worksharing and the election of remedies guide.

What does the EEOC do after a charge is filed?

Step	What happens
Notice to the employer	The EEOC serves notice of the charge on the employer within ten days.⁠[4]
Mediation	The EEOC may invite both sides to mediate. Mediation is voluntary and free, a session usually lasts 3 to 4 hours, and the EEOC says it takes less than 3 months on average to resolve a charge this way.⁠[5]
Position statement	If there is no mediated resolution, the EEOC usually asks the employer for a written position statement, and asks the charging party to respond within 30 days of receiving it.⁠[32]
Investigation	The EEOC says it takes approximately 10 months on average to investigate a charge, and it can issue an administrative subpoena if an employer refuses to cooperate.⁠[32]
No reasonable cause	The EEOC issues a determination and a notice of right to sue; its regulation says the determination "does not mean the claims in the charge have no merit."⁠[33]
Reasonable cause	The EEOC tries to end the practice through conference, conciliation and persuasion.⁠[34]
If conciliation fails	The EEOC may sue a private employer; if it decides not to, it issues a notice of right to sue. A case against a government employer is referred to the Attorney General.⁠[34][6]

A signed mediation agreement is enforceable in court like any other contract, and if either side declines mediation the charge goes to an investigator.⁠^[5] The guide to mediation in employment cases compares the EEOC program with the State and City ones.

For scale: the EEOC received 4,132 charges from New York State in fiscal year 2025.⁠^[35] Of the 90,744 charges it resolved nationally that year, 63.4% ended in a no-reasonable-cause determination and 2.6% in a reasonable-cause finding.⁠^[36] Those percentages describe how the agency closed its files, not how any claim would fare in court.

The notice of right to sue

Once the EEOC gives notice, a civil action may be brought within 90 days against the respondent named in the charge.⁠^[6] The EEOC's regulation counts the 90 days from receipt of the notice.⁠^[37]

• On request after 180 days. For a respondent that is not a government body, the EEOC issues the notice promptly on written request at any time after 180 days from the filing of the charge.⁠^[38]
• Earlier. Before 180 days, the EEOC may issue the notice only if an authorized director certifies in writing that the agency probably cannot finish processing the charge within 180 days.⁠^[39]
• Effect on the investigation. Issuing the notice ends further EEOC processing of the charge unless an EEOC director decides otherwise.⁠^[40]
• Government employers. Where the respondent is a government, governmental agency or political subdivision, the EEOC issues the notice when it dismisses the charge; in other cases, including a request for a notice, the Attorney General issues it.⁠^[41]

The guide to the right-to-sue notice covers the 90-day period in detail⁠^[6], and suing in court covers what comes next.

EEOC New York District Office

Item	Details as published by the EEOC
Address	33 Whitehall Street, 5th Floor, New York, NY 10004. The same EEOC page says the reception area is on the 11th floor, so confirm the floor when booking.⁠[42]
Phone	1-800-669-4000; TTY 1-800-669-6820; ASL video phone 844-234-5122; fax 212-336-3790.⁠[42]
Hours	8:00 a.m. to 4:30 p.m., Monday through Friday.⁠[42]
Entry	Visitors show government-issued photo identification to building security.⁠[42]
Intake	Appointments by telephone, by video or in person are scheduled through the EEOC Public Portal.⁠[23]

What people commonly get wrong

• "You have 180 days." In New York the federal period is 300 days.⁠^[2] The 300 days is a federal figure; State and City agency and court periods are different.⁠^[43][44][45]
• "Filing with the City Commission covers the EEOC too." The Commission states that it no longer automatically cross-files with the EEOC.⁠^[7]
• "A no-cause finding means the claim is over." The person still receives a notice of right to sue.⁠^[33]
• "Ask for the right-to-sue notice right away." Before 180 days it is discretionary, and once issued it normally ends the EEOC's work on the charge and starts the 90-day period.⁠^[39][40][6]

The four-forum comparison sets the EEOC next to the State Division, the City Commission and the courts, and the guide to Title VII in New York covers the federal statute itself.