Filing a Complaint with the Equal Employment Opportunity Commission

If you think you have been discriminated against in employment on the basis of disability, you should contact the U.S. Equal Employment Opportunity Commission (EEOC).  A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability.  However, to protect your rights, it is best to contact the EEOC promptly if discrimination is suspected. 

After your complaint is filed with the EEOC, the EEOC investigates the charge.  If the EEOC determines that there is reasonable cause to believe that the charge is true, the EEOC attempts to conciliate or settle the charge.  If conciliation is unsuccessful, the EEOC refers charges against state and local government employers to the Department of Justice.  The Department of Justice makes a determination whether to bring a lawsuit based on the charge.  If it decides not to bring a lawsuit, the Department issues to the charging party a notice of right to sue.  Charges against private employers are retained by the EEOC for a determination of whether to bring a lawsuit based on the charge or issue a notice of right to sue.