What happens after filing an EEOC charge?
Asked by: Prof. Augusta Bauch | Last update: June 10, 2026Score: 4.3/5 (14 votes)
After you file a charge with the Equal Employment Opportunity Commission (EEOC), the EEOC notifies the employer (Respondent) within 10 days, then investigates by gathering information from both sides, potentially offering mediation, and may issue a Notice of Right to Sue if they find merit or if the investigation exceeds 180 days, allowing you to file a federal lawsuit within 90 days.
What happens after I file a charge with the EEOC?
Within 10 days of the filing date of your charge, we will send a notice of the charge to the employer. In some cases, we will ask both you and the employer to take part in our mediation program.
How long does it take for the EEOC to make a decision?
After we finish our investigation, we will let you and the employer know the result. How long the investigation takes depends on many factors, including the amount of information that needs to be gathered and analyzed. On average, we take approximately 10 months to investigate a charge.
What is the average EEOC payout?
The average EEOC settlement amount typically ranges from approximately $40,000 to $45,000 for Californians. Cases that go to trial can generally receive rewards of approximately $200,000 to $700,000. Only about 1-2% of EEOC cases make it to trial, so this settlement range represents a small subset.
What is the maximum amount for EEOC?
There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000.
Evidence to Advance an EEOC Claim- Tips for Employees
Do employers usually settle discrimination cases?
In our experience, most employers and employees prefer to settle discrimination cases out of court instead of going to trial. This is because settlement negotiations are usually faster and less stressful than litigation.
What is a good settlement offer for discrimination?
Average Settlement – EEOC data shows average discrimination settlements are around $40,000, but severe cases can reach six or seven figures. Factors That Affect Value – Case type, employer size/financial strength, jurisdiction, and whether punitive damages are available all impact potential recovery.
What evidence do I need to file an EEOC complaint?
Gathering Evidence for Your EEOC Complaint
Documentary evidence is often the most compelling. This includes emails, memos, performance reviews, or other written records demonstrating discriminatory behavior patterns.
What are the chances of winning a discrimination case?
Your chances of winning a discrimination case will depend on how you proceed. The Harvard Law and Policy Review published an article in 2009 which found that employees only win discrimination cases against their employers 15% of the time.
How will the EEOC notify your employer of charges filed against them?
First notice
Within about a week or two, your employer will receive notice from the EEOC that you filed your charge against them. This notice will contain a few items. It will request that the employer make an official statement about your charges, and offer both parties the option to mediate the claim.
How much of a 30K settlement will I get?
You'll get around $13,000 to $17,000 out of your $30K settlement in most cases. That might surprise you, but once the legal fees, medical bills, and case costs are subtracted, what's left is your actual take-home amount. The exact number depends on how your case played out.
What is the 80% rule in discrimination?
In essence, it states that the hiring rate for any protected group – distinguished by race, gender, or age – should be at least 80% of the hiring rate of the most selected group.
How hard is it to win an EEOC case?
Q: What Are the Chances of Winning an EEOC Case? A: The EEOC has a very high success rate when it comes to court decisions, reaching favorable outcomes in nearly 96% of all district court cases stemming from EEOC complaints.
Is it worth suing your employer for discrimination?
Ultimately, whether suing your employer is worth it depends on how severely you were mistreated or discriminated against, the quality of available evidence, the compensation at stake, and your willingness to navigate the legal process.
What to do when you get an EEOC charge?
Work with the investigator to identify the most efficient and least burdensome way to gather relevant evidence. You should submit a prompt response to the EEOC and provide the information requested, even if it is believed the charge does not have merit.
What is the average payout for the EEOC?
Average EEOC Retaliation Settlement Amounts
For smaller or more straightforward cases (like mild retaliation without long-term damage) settlements might be around $10,000 to $25,000. Mid-level cases with stronger proof and emotional or financial losses might land between $25,000 and $75,000.
What is the average payout for unfair dismissal?
Average tribunal awards
In 2021/2022, the mean award for an unfair dismissal case was £13,541, with the highest award reaching £165,000. Discrimination cases naturally garnered higher awards, with the mean award for a disability discrimination case standing at £26,172 and the highest award at £225,893.