After you file an EEOC charge, the EEOC notifies your employer within 10 days and may invite you both to mediation, which is voluntary. If mediation isn't used or doesn't settle the charge, the EEOC usually asks your employer for a written answer, called a position statement, and investigates. When it closes its investigation, you generally receive a Notice of Right to Sue, and you then have 90 days from receiving it to sue. Federal employees and applicants for federal jobs follow a different process.
Key points
- The EEOC notifies your employer within 10 days of filing and may then invite you both to mediation.
- Mediation is voluntary and free; without an agreement, the charge is investigated like any other.
- When your employer's position statement is available, the EEOC's guidance asks for a response within 30 days; if the EEOC gives you a due date, go by that.
- Report new events to your investigator right away; after you receive a Notice of Right to Sue, you have 90 days to sue.
Contents
EEOC mediation: what to expect
Shortly after filing, the EEOC may offer mediation to you and your employer. It's completely voluntary: if either side declines, the charge goes to an investigator. A neutral mediator helps both sides look for a settlement but doesn't decide who is right or wrong. Sessions usually last 3 to 4 hours and are free; a lawyer is optional. Without an agreement, the charge is investigated like any other. The EEOC notes that a signed agreement is enforceable in court, so read it closely before signing. Mediation is confidential; ask the mediator before recording or taking notes.
The investigation and the position statement
You'll get an email when your employer's position statement is available; get a copy and upload your response in the EEOC Public Portal. The EEOC's guidance asks for your response within 30 days; if your EEOC message gives a due date, go by that. For each point you disagree with, note what happened, when, and which document or message relates to it. The rows below are a fictional example:
The statement says | My note | Related document |
|---|---|---|
“Removed from the client account for missed deadlines.” | No deadline on that account was missed. | Feb 12, 2026 status email |
“Her manager didn't know about any HR complaint.” | I copied my manager on my HR email. | My sent email, Feb 3, 2026 |
The EEOC may also interview witnesses and request documents; on average, an investigation takes about 10 months.
If something new happens after you file
If something happens after you file that you believe is discriminatory, including retaliation for filing, the EEOC can add it to your charge (called amending) or may ask you to file a new one. The strict filing deadlines apply to new events too, and an earlier charge may not extend them, so contact your investigator right away. For retaliation, a before-and-after timeline can start from your filing date. If you're threatened with harm, contact emergency services first.
Notice of Right to Sue: the 90-day deadline
The notice lets you file a lawsuit in federal or state court, and you must file within 90 days of receiving it; the deadline is set by law. You can also request the notice early, through the Portal or the office handling your charge. After 180 days from filing, the EEOC must issue it if you ask; before then, only if it can't finish within 180 days. If you want the investigation to continue, don't request it.
Checklist: what to do and when
- Filing day: note the date and charge number, and keep your contact details in the Portal current.
- Mediation offer: note the date, your answer, and the outcome; keep a copy of anything you sign.
- Position statement: note the date you received it and the response date the EEOC gives you.
- Anything new at work: write it down that day, and note when you told your investigator.
- Notice of Right to Sue: note the date you received it and count 90 days.
On request, EEOC offices can give you a list of local employment lawyers. The free incident log template can help with dated entries.
Whether the law was violated is for the EEOC, a court, or a lawyer to assess. Kirokune keeps your notes, recordings, photos, and imported chats in date order on your iPhone; it does not decide what happened or give legal advice.
Frequently asked questions
- Is EEOC mediation mandatory?
- No. The EEOC says the decision to mediate is completely voluntary. If you or your employer declines, the charge goes to an investigator, and if mediation doesn't lead to an agreement, the charge is investigated like any other. Mediation is free, a session usually lasts 3 to 4 hours, and you can bring a lawyer if you choose.
- How long does an EEOC investigation take?
- The EEOC says it takes about 10 months on average, and that the time depends on factors such as how much information needs to be gathered and analyzed. Charges resolved through mediation usually take less than 3 months. You can check the status of your charge in the EEOC Public Portal.
- How long do I have to sue after an EEOC right to sue letter?
- You must file a lawsuit within 90 days of receiving the Notice of Right to Sue. The EEOC says this deadline is set by law and that if you don't file in time, you may be prevented from going forward with your lawsuit. Age discrimination claims don't need the notice: you can sue once 60 days have passed since you filed the charge, but no later than 90 days after you're notified that the investigation has concluded. Note the date the notice arrives.
Sources
Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.