EEOC (Equal Employment Opportunity Commission)
The federal agency that enforces workplace anti-discrimination laws. If you want to pursue a federal claim under Title VII, the ADA, or the ADEA, you usually file a charge with the EEOC first.
KEY TAKEAWAYS
- The EEOC is the federal agency enforcing Title VII, the ADA, and the ADEA; an employee must usually file an EEOC charge before suing under those statutes.
- 180 days from the last unlawful act to file, or 300 days in states like California with a parallel agency (CRD) under 42 U.S.C. §2000e-5(e)(1).
- After the EEOC issues a Notice of Right to Sue, the employee has 90 days to file in federal court; missing it ends the federal claim.
- Most California employees dual-file with both EEOC and CRD to preserve every available federal and state theory.
Why the filing deadline controls your case
Under 42 U.S.C. §2000e-5(e)(1), employees have 180 days from the last discriminatory act to file an EEOC charge. That window expands to 300 days in states like California where a parallel state agency (the California Civil Rights Department) enforces equivalent protections. Miss the deadline and the federal claim is gone.
After the EEOC investigates, it issues a Notice of Right to Sue. The employee then has 90 days to file in federal court. Letting that 90-day window expire is one of the most common ways a strong discrimination case dies on procedure rather than on the merits.
ADA termination at a national tech employer
A software engineer is terminated on June 1 after disclosing a disability and requesting remote work. She has until late March of the following year (300 days) to file an EEOC charge for an ADA violation.
She can dual-file with the CRD to preserve both her federal and FEHA state claims. That is often the safer move because FEHA carries a longer filing window and broader damages.
EEOC, CRD, or both
Most California employees with a viable discrimination claim should dual-file. Filing with only the EEOC preserves the federal claim under Title VII, the ADA, or the ADEA. Filing with only the CRD preserves the FEHA claim. Filing with both keeps every available route open and gives your attorney room to choose the strongest forum after the investigation closes.
If you are weighing whether to file with the EEOC, the CRD, or both, a California employment discrimination lawyer can preserve every available claim before the clock runs out.
Deadline approaching? Talk to a lawyer first.
A 30-minute consult with Westview Law PC can confirm which filing windows apply to your situation and which agency to use.
Call (310) 906-4862From our practice: We dual-file as a default. The mechanical reason is preserving every clock. The strategic reason is that the EEOC investigation occasionally develops evidence (cause findings, comparator data) that the CRD process does not. Even when we expect to litigate under FEHA in state court, keeping the federal track open gives us leverage and an alternative forum if the state case turns sideways.
Attorney Advertising. Page reviewed by David M. Safvati, CA Bar #326605. This advertisement is the responsibility of Westview Law PC.
