How to Check the Status of an EEOC Charge in California

The U.S. Equal Employment Opportunity Commission is a federal entity and checking the status of a charge is the same across states. Here’s how to check the status of an EEOC charge in California.

A charge of discrimination is a matter that is taken extremely seriously and should be completed by employees or former employees who feel discriminated against in their workplace. It is a signed statement asserting an employer, union, or labor organization engaged in employment discrimination.

EEOC Charge of Discrimination

Assessing how to address concerns of employment discrimination and determining whether filing a charge of discrimination is the right path can be done by contacting an EEOC staff and discussing concerns with them. A Charge of Discrimination can be completed through our EEOC Public Portal after submission of an online inquiry and being interviewed.

Checking the Status of A Charge

The system can be accessed by selecting the “My Charge Status” button.

The Online Charge Status System is available for charges filed on or after September 2, 2015. It is not available for charges filed prior to this date or for charges filed with state and local Fair Employment Practices Agencies.

Finding Out the Status of a Charge Without Internet Access

For those who do not have Internet access to retrieve the information provided in the Online Charge Status System or who need language assistance, EEOC will offer assistance through its toll-free number at 1-800-669-4000, TTY: 1-800-669-6820, or ASL Video Phone 1-844-234-5122.

Access Charge Information through the EEOC Public Portal

The charge may be accessed through the EEOC Public Portal once the user has registered. If they submitted an online inquiry, they should already be registered and can log in to the EEOC Public Portal as a “Returning User.” If their charge was filed after January 1, 2016, is under investigation, and they have not registered in the EEOC Public Portal, they may by doing the following:

Go to https://publicportal.eeoc.gov/portal/
Select My EEOC Cases
Click Sign-Up Now under New Users
1. Enter contact information and create a password
2. The creation of the account will automatically log the user into the Public Portal
Once logged in, the user will be directed straight to their charge

EEOC Public Portal

Within 10 days of the filing date of the charge, a notice of the charge will be sent to the employer. In some cases, the filer and employer will be asked to take part in our mediation program. If the laws the EEOC enforces do not apply to the claim or if the charge is untimely, or a violation of the law cannot be determined, then the investigation will be closed and the filer will be notified. EEOC’s Public Portal allows users to do the following:

Update contact information (all contact information should be accurate and up today)
Upload a letter of representation from an attorney (if applicable)
Upload documents in support of the charge
Request the Respondent’s Position Statement and upload a response (if applicable)
Check the status of the charge

EEOC will do the following:

Be available to answer questions about the investigation
Respond to inquiries about the status of the investigation, including the rights and responsibilities of the parties
Allow the organization to respond to the allegations
Conduct a timely investigation
Inform the organization of the outcome of the investigation

Once the investigator has completed the investigation, EEOC will decide on the merits of the charge. Some of the potential courses of action include the following:

In the case that the EEOC fails to conclude that there is reasonable cause to believe that discrimination occurred, the charging party will be issued a Dismissal and Notice of Rights. This notice informs the charging party that they have the right to file a lawsuit in federal court within 90 days from the date of its receipt. Employers will receive a copy of the notice.
In the case that the EEOC makes a determination of the reasonable cause of discrimination, both parties will be issued a Letter of Determination stating there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through the informal process of conciliation.
In the case that conciliation fails to succeed in the resolution of the case, the EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.

Contact Us

If you or a loved one would like to learn more about the Status of EEOC Charge California, get your free consultation with one of our Employment Attorneys in California today!