What Happens After You File an EEOC Charge

By: Alex Meier  |  Last updated: August 2026

Many people mistakenly believe they have filed an EEOC charge when they haven’t. If you are not represented by an attorney, the EEOC requires you to complete an interview before filing a charge. 

We are regularly contacted by potential clients who believe they have already filed an EEOC charge but, in fact, they have only scheduled the intake interview. 

It is critical to file the charge within the statute of limitations. You will not receive any additional time to file the charge because the EEOC is backed up or doesn’t have available interview slots. 

After you file an EEOC charge, the agency notifies your employer within about one to fourteen days. The EEOC will also ask if you are interested in mediating. If both sides agree to mediate, then the case will be placed into the mediation queue. typically offers both sides mediation, and, if mediation is declined or fails, asks the employer for a written response called a position statement. An investigation follows, which normally takes months or longer. Most charges end with a right-to-sue letter rather than an agency finding. Knowing the steps helps you use each one.

Step one: The employer is notified. 

The EEOC sends the employer notice of the charge within about one to ten days of filing. Employees still on the job often fear this moment. Two things are worth knowing. First, retaliation for filing a charge violates federal law separately from the underlying discrimination, and retaliation claims are among the most successful claims employees bring. Second, employers receive charges routinely; a charge filed while employed is protected activity, and we have written separately about filing an EEOC charge while you are still employed.

Step two: Mediation

The EEOC typically invites both sides to mediate early. Mediation is voluntary, costs nothing, and is confidential; statements made there cannot be used in the investigation. A session usually runs a few hours with an EEOC mediator. The parties may also agree to mediate with a private mediator. 

Step three: The position statement

If the parties do not agree to mediate or are unable to settle at mediation, the EEOC asks the employer for a position statement: its written explanation of why it acted lawfully. This document matters more than most employees realize. The employer commits to a story, in writing, early, and often before its lawyers know all the facts.

You are entitled to request a copy of the position statement and to submit a response, generally within 20 days. A response that corrects false statements and attaches documents does two things: it directs the investigator to the weaknesses in the employer’s account, and it locks the contradiction in place. If the employer later changes its explanation in litigation, that may help an employee establish that the employer’s action was motivated by some unlawful consideration. 

Step four: Investigation

The investigator may request documents, interview witnesses, or visit the workplace. The depth varies widely with the agency’s caseload and the charge’s priority. Investigations commonly run many months, and a year or more is not unusual.

You have a role during this phase: respond promptly to investigator requests, supplement the file when new evidence appears, and keep your contact information current. A charge can be amended to add related acts, including retaliation that happens after filing.

Step five: Outcome

Investigations end in one of a few ways:

• Dismissal and notice of rights. The most common outcome. The agency closes the file without a merits finding and issues a right-to-sue letter, starting a strict 90-day deadline to file suit. A dismissal is not a judgment that your case is weak, and courts give it no weight.
• Cause finding and conciliation. If the EEOC finds reasonable cause, it attempts to broker a settlement through conciliation. If conciliation fails, the agency either sues on your behalf, which is rare, or issues the right-to-sue letter.
• Your own request. Once the charge has been pending 180 days, you may request the right-to-sue letter and proceed to court without waiting for the investigation to conclude. Attorneys may also request the immediate issuance of a right to sue letter. 

About Lee Meier Burke

Lee Meier Burke is a Georgia employment law firm that represents employees and executives before the EEOC and in court. If you are deciding whether or how to file a charge, contact us to schedule a call.