EEOC Charge of Discrimination - Professional Drafting Workflow

You are tasked with drafting a comprehensive EEOC Charge of Discrimination that initiates the administrative complaint process with the Equal Employment Opportunity Commission. This critical litigation document must comply with federal anti-discrimination statutes including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and related enforcement provisions. Your draft must be factually precise, legally sufficient to establish EEOC jurisdiction, and persuasive in articulating the alleged discriminatory conduct while adhering to the formal requirements of EEOC regulations.

Initial Information Gathering and Document Review

Begin by conducting a thorough review of all available materials related to the discrimination claim. Search through uploaded documents to identify and extract critical factual information including employment records, correspondence, performance evaluations, disciplinary notices, witness statements, and any communications evidencing discriminatory conduct. Pay particular attention to specific dates, direct quotes from supervisors or decision-makers, comparative evidence regarding similarly situated employees, and documentation of the complainant's protected class status. Verify the timeline of events to ensure the charge will be filed within the applicable statute of limitations, which is typically 180 days from the discriminatory act or 300 days in states with deferral agreements with approved fair employment practice agencies. Extract the complainant's complete identifying information, employment history with the respondent, and details about the adverse employment action suffered. Similarly, gather comprehensive information about the employer respondent including legal entity name, business address, number of employees, and corporate structure to establish jurisdictional prerequisites.

Complainant Identification and Standing

Draft the complainant information section with precision to establish standing and EEOC jurisdiction. Present the charging party's full legal name, current residential address, telephone number, and email address in the format required by EEOC Form 5 or the integrated charge form. Document the complainant's employment status clearly, specifying whether they are a current employee, former employee, or job applicant, along with their job title, department, hire date, and if applicable, termination date. Identify the complainant's immediate supervisor and any other management personnel involved in the adverse employment decision. Establish membership in one or more protected classes through factual statements rather than legal conclusions, such as stating the complainant's race, age, sex, national origin, religion, or disability status as relevant to the discrimination alleged. If the complainant has previously filed a charge with a state or local fair employment practice agency, document this dual-filing to preserve rights under both federal and state law and to extend the filing deadline to 300 days where applicable.

Respondent Identification and Jurisdictional Requirements

Identify the employer respondent with the specificity necessary to establish EEOC jurisdiction and enable proper service of the charge. State the employer's complete legal name as registered with state authorities, not merely trade names or "doing business as" designations, along with the principal place of business address and main telephone number. Designate an appropriate contact person, typically the human resources director, general counsel, or registered agent, with their title and direct contact information. Critically, determine and state the total number of employees the respondent employs during the relevant time period, as this establishes whether the employer meets the statutory threshold of fifteen employees for Title VII, ADA, and GINA claims, or twenty employees for ADEA claims, counted using the "payroll method" for each working day in each of twenty or more calendar weeks. When the respondent is part of a larger corporate structure, investigate and document parent-subsidiary relationships, integrated enterprise factors, or joint employer arrangements that may establish coverage or expand liability. Include the Federal Employer Identification Number if available from tax documents or business filings to facilitate EEOC investigation and potential enforcement.

Protected Basis and Legal Framework

Articulate the protected characteristic or characteristics upon which the discrimination claim is based with clarity and legal precision. Identify whether the charge alleges unlawful discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, or retaliation for protected activity, ensuring each basis selected corresponds to conduct within EEOC's statutory enforcement authority. For sex discrimination claims, specify the particular theory such as sexual harassment (quid pro quo or hostile environment), pregnancy discrimination, equal pay violations under the Equal Pay Act, or discrimination based on sexual orientation or gender identity as recognized under current EEOC interpretations of Title VII. For disability discrimination claims, identify whether the complainant has an actual disability that substantially limits a major life activity, a record of such impairment, or was regarded as having such impairment, and whether the claim involves discriminatory treatment, failure to provide reasonable accommodation, or disability-related harassment. For age discrimination claims, confirm the complainant was at least forty years old at the time of the adverse action and identify any direct or circumstantial evidence of age-based animus. When multiple protected bases apply, clearly delineate how each characteristic relates to the discriminatory conduct to provide comprehensive notice and preserve all potential claims.

Temporal Framework and Adverse Employment Actions

Establish the chronological framework of the discrimination with precision to satisfy timeliness requirements and demonstrate the causal relationship between protected characteristics and adverse actions. Document the specific date or dates when discriminatory acts occurred, beginning with the earliest incident that forms part of a continuing violation and concluding with the most recent manifestation of discrimination that triggers the filing deadline. For discrete acts such as termination, demotion, failure to promote, or denial of transfer, identify the exact date the complainant received notice of the adverse decision. For hostile work environment claims involving a series of harassing incidents, document each significant occurrence while explaining how the cumulative conduct created an abusive working environment, and identify the date of the last act contributing to the hostile environment to establish timeliness under the continuing violation doctrine. Characterize the nature of the adverse employment action using terminology that demonstrates a materially adverse change in the terms and conditions of employment, such as discharge, constructive discharge, demotion with reduced compensation or responsibilities, denial of promotion to a position for which the complainant was qualified, discriminatory compensation or benefits, denial of training opportunities, or retaliatory actions following protected activity. For retaliation claims, clearly identify the protected activity that preceded the adverse action, such as filing a previous EEOC charge, participating in an investigation, or opposing discriminatory practices, and establish temporal proximity or other evidence linking the protected activity to the retaliation.

Factual Narrative and Prima Facie Case Development

Construct a compelling chronological narrative that establishes a prima facie case of discrimination under applicable legal standards while remaining within the space constraints of the EEOC charge form. Begin with the complainant's hire date, initial job assignment, and early employment history to establish a baseline of satisfactory performance and workplace relationships. Detail the specific events, statements, actions, and omissions that constitute discriminatory treatment, using direct quotes from supervisors or decision-makers when available from emails, witness accounts, or documented conversations. Identify comparator employees outside the complainant's protected class who were treated more favorably under similar circumstances, specifying their names, positions, protected class status, and the preferential treatment they received, as this comparative evidence is essential for establishing disparate treatment. Name witnesses who observed discriminatory conduct or can corroborate the complainant's account, including their job titles, relationship to the events, and the substance of their potential testimony. Reference documentary evidence by description and date, such as performance evaluations showing satisfactory or exemplary ratings prior to the adverse action, disciplinary notices issued pretextually, emails containing discriminatory remarks or revealing discriminatory motives, company policies that were applied in a discriminatory manner, or statistical evidence showing patterns of discrimination.

For harassment claims, describe the harassing conduct with sufficient specificity to demonstrate its severity or pervasiveness, identifying whether it involved unwelcome sexual advances, requests for sexual favors, offensive comments about protected characteristics, physical touching, display of offensive materials, or other conduct that altered the conditions of employment and created an abusive working environment. Establish that the harassment was based on a protected characteristic, that it was unwelcome, and that the employer knew or should have known of the harassment through complaints to management or the obviousness of the conduct, yet failed to take prompt and effective remedial action. For failure-to-accommodate claims under the ADA or Title VII religious accommodation provisions, document the complainant's request for reasonable accommodation, the interactive process discussions that occurred or should have occurred, the employer's response or failure to respond, and why the requested accommodation was reasonable and would not impose undue hardship. Demonstrate that the employer's stated reasons for the adverse action are pretextual by showing inconsistencies, departures from established procedures, more favorable treatment of similarly situated employees outside the protected class, or temporal proximity between protected activity and adverse action that suggests discriminatory motive.

Requested Relief and Remedial Measures

Specify the remedies sought with sufficient detail to guide EEOC investigation, conciliation efforts, and potential litigation while preserving all available forms of relief. Request make-whole relief appropriate to the violation, beginning with back pay calculated from the date of the discriminatory act through the date of judgment or settlement, including lost wages, bonuses, commissions, benefits, and other compensation the complainant would have earned absent the discrimination, with prejudgment interest to compensate for the time value of money. Seek front pay as an alternative to reinstatement when reinstatement is not feasible due to continuing hostility, position elimination, or irreparable breakdown of the employment relationship, calculated based on the complainant's expected remaining work life and probable earnings trajectory. Demand reinstatement to the former position or a substantially equivalent position with the same compensation, benefits, seniority, and working conditions, along with restoration of any lost seniority rights, pension benefits, or other employment benefits.

Request compensatory damages for pecuniary losses including out-of-pocket medical expenses for treatment of emotional distress, job search expenses, and other quantifiable economic harm, as well as non-pecuniary damages for emotional pain and suffering, mental anguish, loss of enjoyment of life, humiliation, and reputational harm caused by the discrimination. For cases involving malice or reckless indifference to federally protected rights, request punitive damages subject to the statutory caps established by the Civil Rights Act of 1991, which range from fifty thousand dollars for employers with fifteen to one hundred employees up to three hundred thousand dollars for employers with more than five hundred employees. Seek injunctive relief requiring the employer to implement policy changes, provide anti-discrimination training to management and employees, establish monitoring and reporting procedures, post notices of employee rights, and take other equitable measures to prevent future discrimination and remedy systemic practices. Request attorney's fees and costs as authorized for prevailing parties under Title VII and other fee-shifting statutes, and include a general request for such other and further relief as the Commission deems just and proper to preserve all available remedies not specifically enumerated.

Verification, Execution, and Filing Requirements

Conclude the charge with the sworn verification required by EEOC regulations at 29 C.F.R. § 1601.12, which provides the evidentiary foundation for EEOC investigation and potential enforcement. Draft verification language stating that the charging party has read the charge, understands its contents, and swears or affirms under penalty of perjury that the facts alleged are true and correct to the best of their knowledge, information, and belief. Provide a signature block for the charging party with a date line, and if the complainant is represented by counsel, include the attorney's signature block with bar number, law firm name, business address, telephone number, and email address to facilitate communications during the administrative process. Ensure the verification language complies with the format specified in the current EEOC charge form and any additional requirements of state or local fair employment practice agencies if the charge is being dual-filed to preserve state law claims and extend the federal filing deadline.

Document Finalization and Quality Assurance

Review the completed EEOC Charge of Discrimination to ensure it satisfies all jurisdictional prerequisites, provides adequate notice of the claims to trigger EEOC investigation under the liberal notice pleading standard, and preserves the complainant's right to file a subsequent civil action in federal or state court. Verify that the charge is being filed within the applicable statute of limitations, which is 180 days from the discriminatory act for non-deferral states or 300 days for deferral states with worksharing agreements, and that any continuing violation or discovery rule arguments are clearly articulated if the charge involves conduct outside the standard filing period. Confirm that the document includes all mandatory information required by EEOC regulations including complainant and respondent identification, the basis and date of discrimination, and a clear statement of the facts. Ensure the charge is professionally formatted using clear headings, proper grammar and punctuation, and persuasive but factual language that avoids unsupported legal conclusions or inflammatory rhetoric that could undermine credibility. Cross-reference all factual assertions against source documents to ensure accuracy and identify the evidentiary support that will be provided to EEOC during the investigation phase. Format the final document for submission on the official EEOC charge form or through the EEOC's public portal, ensuring compliance with current filing procedures and preserving proof of timely filing through certified mail return receipt or electronic filing confirmation.