Federal discrimination statutes require a charge with the equal employment agency before suit. State human rights agencies have parallel systems, and the two interact.

Deadlines. A charge must be filed within a set number of days of the discriminatory act, extended in states with a fair employment agency through worksharing arrangements. The clock runs from the decision communicated, not from its effect.

Scope matters later. A lawsuit is generally limited to claims within the scope of the charge or reasonably growing out of the investigation. A charge alleging only race, followed by a complaint alleging race and age, invites a dismissal motion.

Position statements. The employer’s response becomes a fixed record, is often shared with the charging party, and will be quoted in litigation. It should be accurate, complete on the reasons relied on, and supported by documents that have been verified.

Mediation is offered early in most agency processes and is frequently the cheapest resolution point in the life of a claim.

Right to sue. The agency’s determination, whether reasonable cause or not, is generally not preclusive; the letter starts a short suit deadline that is strictly enforced.

Retaliation for filing is separately actionable and is the fastest-growing category of charge. Managers must be instructed accordingly, in writing, the day the charge arrives.