At the EEOC, there are two courses of action available to the employee:

1. File a claim with the EEOC, and ask the agency to conduct its own investigation and make a finding; or
2. File a claim with the EEOC, and ask for a "Right to Sue" authorization letter from the EEOC in order to proceed directly to US District Court to file a lawsuit for damages. If a "Right to Sue" authorization letter is requested, the EEOC will close its file and issue the "Right to Sue" letter usually within 7-10 days.

Before an employee can sue an employer in US District Court for discrimination or harassment, the employee MUST file a claim with the EEOC and obtain the "Right to Sue" authorization from the EEOC.

The EEOC uses: (1) a two-page form called "Checklist Information Required to Process a Right to Sue"; and (2) a fill-in-the-blank form letter to request a "Right to Sue" authorization. Local offices may have additional requirements/variations in procedure, so check with the local office.

To download and save a WordPerfect 11 version of the "Checklist Information Required to Process a Right to Sue" form, click here
To download and save a WordPerfect 11 version of the fill-in-the-blank form letter to request a "Right to Sue" authorization, click here.
[You can call (707) 693-0400 if you have any problems with the downloads.]

The forms are signed under penalty of perjury. Separate claim forms should be filed for the company and for each individual against whom a claim is being made.

The employee must also attach a separate brief (one or two page) statement of the particulars of the harassment or discrimination (including dates, persons, events, etc.). The statement must then be signed and dated under penalty of perjury: "I declare under penalty of perjury under the laws of the United States that the contents of the foregoing statement are true and correct. Executed this ___ day of ___________, 200_ at _________________, CA."

EEOC claim form(s) can be filed in person, by mail or by telephone; however, it is best to file claim form(s) in person to avoid any problems/confusion, and to obtain file-stamped copies of the filing(s) from the EEOC.

There are deadlines for filing a claim:

1. A claim with the EEOC MUST be filed within 180 days of the act of discrimination or harassment.
2. In California, the EEOC requires that an employee file a claim with the California Department of Fair Employment and Housing ("DFEH") [Please refer to: How to File a Claim with the DFEH ]. Once a DFEH claim is properly filed, the claim with the EEOC MUST be filed within 30 days of the date that the DFEH closes its file and issues its own "Right to Sue" authorization, or within 300 days of the act of discrimination or harassment, whichever is EARLIER.

To be safe, it is best to avoid delay and file a claim at the earliest opportunity.

Once the EEOC closes its file and issues its "Right to Sue" authorization, a lawsuit in US District Court MUST be filed no later than ninety days from the date that the EEOC closed its file.

The EEOC accepts claims only against employers who have 15 or more employees; small business employers under 15 employees are not covered. However claims can be filed against small business employers in California with the DFEH. [Please refer to: How to File a Claim with the DFEH ].

Office hours for the EEOC are M-F 8:30 AM to 5:00 PM.

There are 6 EEOC offices in California; if there is not an EEOC office in your immediate area, call toll free 800-669-4000 or 800-669-6820 (TDD) for more information. The California office locations for the EEOC are:

Fresno Office
1265 West Shaw Avenue, Suite 103
Fresno, CA 93711
Phone: 559-487-5793
TDD: 559-487-5837

Los Angeles Office
255 E. Temple, 4th Floor
Los Angeles, CA 90012
Phone: 213-894-1000
TDD: 213-894-1121

Oakland Office
1301 Clay Street, Suite 1170-N
Oakland, CA 94612-5217
Phone: 510-637-3230
TDD: 510-637-3234

San Diego Office
401 B Street, Suite 1550
San Diego, CA 92101
Phone: 619-557-7235
TDD: 619-557-7232

San Francisco Office
901 Market Street, Suite 500
San Francisco, CA 94103
Phone: 415-356-5100
TDD: 415-356-5098

San Jose Office
96 North 3rd Street, Suite 200
San Jose, CA 95112
Phone: 408-291-7352
TDD: 408-291-7374

For more detailed information, see the US Equal Employment Opportunity Commission website