1) Except for the
Equal Pay Act (29 U.S.C. §206(d)), the substantive
statutes administered by the
EEOC require that a person
claiming discrimination file a charge of
discrimination with the
EEOC. See
42 U.S.C. §2000e–5(b) (
Title VII);
29 U.S.C. §626(d) (
ADEA);
42 U.S.C. §12117(a) (
ADA).
2)
Charges must be in
writing and under
oath. See
id.; see also
29 C.F.R. §1601.9.
3) If an unsworn charge is filed, a charging
party may verify the charge while it is still pending before the Commission and the verification will relate back to the original
filing date. See
Edelman v. Lynchburg College, 535 U.S. 106 (2002);
29 C.F.R. §1601.12(b).
4) The charge, at a minimum, must be “a
written statement sufficiently precise to identify the
parties, and to describe generally the
action or practices complained of.”
29 C.F.R. §1601.12(b).
5) A charge may be filed in person or by mail at any
EEOC field office, Commission headquarters in Washington, D.C., or with any designated
representative of the Commission. See
29 C.F.R. §1601.8.
6) The charge
filing process also may be started by calling the
Commission’s National Contact Center at 1-800-669-4000, but an actual charge must be filed with a district office to constitute a charge.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
