Filing a Discrimination Charge: How the EEOC and OCRE Work in Oklahoma

You were fired because of your race. Denied a promotion because of your gender. Harassed because of your religion. You want to sue. But before you can file a lawsuit, federal law requires you to take a mandatory first step: filing a charge of discrimination.

This administrative process exists for a reason—to give employers notice, allow for investigation, and encourage resolution before litigation. But it's also a trap for the unwary: miss the deadline or file incorrectly, and you may lose your day in court entirely.

What Are the EEOC and Oklahoma's Civil Rights Division?

The EEOC

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal anti-discrimination laws, including:

• Title VII of the Civil Rights Act (race, color, religion, sex, national origin)
• Age Discrimination in Employment Act (ADEA) (age 40+)
• Americans with Disabilities Act (ADA) (disability)
• Genetic Information Nondiscrimination Act (GINA)
• Pregnant Workers Fairness Act (PWFA)
• Equal Pay Act (EPA)

The EEOC has field offices throughout the country, including one in Oklahoma City.

Oklahoma's Civil Rights Division

Oklahoma's equivalent is the Civil Rights Division within the Office of the Attorney General, which enforces the Oklahoma Anti-Discrimination Act (OADA). This state law mirrors many federal protections and covers employers with 15 or more employees.

The EEOC and Oklahoma's Civil Rights Division have a "worksharing agreement"—a charge filed with one is typically cross-filed with the other automatically.

Why You Must File Before Suing

Federal law requires that before you can bring a discrimination lawsuit under Title VII, the ADA, ADEA, or GINA, you must:

1. File a charge of discrimination with the EEOC (or equivalent state agency)
2. Receive a "Right to Sue" letter from the EEOC

This is called exhausting your administrative remedies. If you skip this step and go straight to court, your lawsuit will be dismissed.

The purpose: Congress intended the charge process to filter cases, encourage settlement through mediation, and give employers notice of claims against them before litigation.

Filing Deadlines: Don't Miss These

The deadlines for filing a charge are strict—and missing them can be fatal to your case.

Federal Deadlines (EEOC)

• Title VII, ADA, GINA: 300 days from the discriminatory act (in states with a worksharing agreement like Oklahoma)
• ADEA: 300 days (or 180 days if no state agency)
• Equal Pay Act: No charge required, but lawsuit must be filed within 2 years (3 years for willful violations)

State Deadline (Oklahoma Civil Rights Division)

• OADA: 180 days from the discriminatory act

Which Deadline Applies?

In practice, most claimants in Oklahoma file with the EEOC and receive the benefit of the 300-day deadline for federal claims. However, if you're pursuing only state claims under the OADA, the 180-day deadline applies.

Bottom line: Don't wait. The safest approach is to file promptly—ideally within 180 days—to preserve all options.

What Triggers the Deadline?

The clock starts when the discriminatory act occurs—not when you learn it was discriminatory, not when you hire a lawyer, and not when you decide to take action.

For discrete acts (termination, demotion, denial of promotion), the deadline runs from the date of that action.

For ongoing harassment, the analysis is more complex—courts look at whether the conduct is part of a "continuing violation." Even so, it's safest to file as soon as the harassment becomes clear.

How to File a Charge

Where to File

You can file a charge:

• Online through the EEOC's Public Portal
• In person at the EEOC's Oklahoma City field office
• By mail to the EEOC or Oklahoma Civil Rights Division
• Through an attorney who handles the filing process

What the Charge Includes

A charge is a formal written complaint that includes:

• Your personal information
• The employer's name and address
• The dates of the discriminatory conduct
• A description of what happened
• The basis for the charge (race, sex, disability, etc.)

The charge doesn't need to be as detailed as a court complaint, but it should accurately describe the conduct. The claims you raise in the charge define the scope of what you can later sue for.

Dual Filing

When you file with the EEOC, you can request that the charge be cross-filed with Oklahoma's Civil Rights Division (and vice versa). This preserves your rights under both federal and state law.

What Happens After You File

Investigation

The EEOC or state agency may investigate your charge. This can include:

• Requesting documents from the employer
• Interviewing witnesses
• Reviewing policies and personnel files
• Requesting a written response from the employer (a "position statement")

Investigation timelines vary significantly—from a few months to over a year.

Mediation

The EEOC offers voluntary mediation as an alternative to investigation. If both you and the employer agree, a neutral mediator attempts to facilitate a resolution.

Mediation can be faster than investigation and may produce a settlement without litigation. However, it's optional, and either party can decline.

Determination

After investigation (if one occurs), the agency issues a determination:

• Cause finding: The agency believes discrimination occurred. This is relatively rare.
• No cause finding: The agency did not find sufficient evidence of discrimination. This doesn't mean you can't sue—it just means the agency won't pursue the case.

Either way, you can request a Right to Sue letter and proceed to court.

The Right to Sue Letter

The Right to Sue letter is your ticket to federal court. Once issued:

• You have 90 days to file a lawsuit in federal court
• This deadline is strictly enforced
• The letter confirms that you've exhausted administrative remedies

You can request a Right to Sue letter at any point after 180 days have passed without resolution. You don't have to wait for the investigation to conclude.

Strategy Note

Many claimants request the Right to Sue letter early—after the 180-day mark—so they can proceed to litigation without waiting for an agency investigation that may take years.

Common Agency Mistakes to Avoid

Missing the Filing Deadline

This is the most common and most damaging mistake. If you're even a day late, your claim may be barred.

Filing with the Wrong Agency

Some claims have specific agency requirements. For example, federal employee discrimination claims go through the agency's internal EEO process before the EEOC.

Failing to Name the Right Employer

If you were employed by a subsidiary, franchise, or contractor, make sure the charge correctly identifies the responsible employer.

Not Preserving Claims

The claims you raise in your charge define what you can sue for later. If you only check "race discrimination" but were also retaliated against, you may not be able to raise retaliation in court unless you amend the charge.

Ignoring the 90-Day Lawsuit Deadline

Once you receive the Right to Sue letter, the clock starts immediately. Missing the 90-day window means missing your chance to sue.

Oklahoma-Specific Considerations

Oklahoma Anti-Discrimination Act (OADA)

The OADA covers:

• Race, color, religion, sex, national origin, age, disability, and genetic information
• Employers with 15 or more employees
• 180-day filing deadline

Claims under the OADA can be filed with Oklahoma's Civil Rights Division or included in an EEOC charge through dual filing.

Oklahoma's Whistleblower Protections

Some retaliation claims—particularly whistleblower claims—may have different filing requirements and may not require exhaustion at all. An attorney can help determine which rules apply.

Frequently Asked Questions

Can I file a charge without an attorney?

Yes. The EEOC process is designed to be accessible to individuals without lawyers. However, the charge you file defines the scope of your later lawsuit, so getting legal advice is strongly recommended.

What if I file late?

If you miss the deadline, you may lose the right to bring federal claims. Some exceptions exist (equitable tolling), but they're narrow and hard to prove. Don't count on exceptions—file on time.

Does filing a charge mean I'm suing my employer?

No. A charge is an administrative complaint, not a lawsuit. It starts an investigation or mediation process. You only file a lawsuit after receiving your Right to Sue letter.

Can my employer retaliate against me for filing a charge?

No. Retaliation for filing an EEOC charge is itself illegal under Title VII and other laws. If your employer retaliates, document it immediately and consider amending your charge to include retaliation.

How long does the process take?

It varies widely. Mediation can resolve cases in weeks. Investigations can take 6-18 months. If you request an early Right to Sue letter after 180 days, you can proceed to court sooner.

What happens if the EEOC finds "no cause"?

You can still sue. A "no cause" finding is the agency's conclusion, not a court's. Many successful discrimination lawsuits follow EEOC "no cause" determinations.

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The administrative process is a required step—but it's just the beginning. Most meaningful discrimination cases are resolved in court, not at the agency. The charge exists to open the door.

At Addison Law, we represent Oklahoma employees in discrimination cases and EEOC proceedings. Our attorneys can help you file a proper charge, preserve your claims, and pursue full relief when the agency process concludes. If you've experienced discrimination, don't wait until the deadline passes.

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This article is for general information only and is not legal advice.