---
title: "Draft an EEOC discrimination charge and the employer's position"
url: "https://ailawframework.com/practice/employment-and-workplace-relations/draft-the-unfair-dismissal-or-equivalent-tribunal-application-and-respon/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A14-T1-R3-US"
practice_area: "Employment & Workplace Relations (incl. WHS)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Draft an EEOC discrimination charge and the employer's position

> From the chronology and the documents the lawyer marks as usable, list the dates, the adverse actions, and the documents. Write no charge and no employer position. Do not recast the facts as a just-cause dismissal claim.

Canonical page: https://ailawframework.com/practice/employment-and-workplace-relations/draft-the-unfair-dismissal-or-equivalent-tribunal-application-and-respon/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Employment & Workplace Relations (incl. WHS)](https://ailawframework.com/practice/employment-and-workplace-relations.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the chronology and the documents the lawyer marks as usable, list the dates, the adverse actions, and the documents. Write no charge and no employer position. Do not recast the facts as a just-cause dismissal claim. |
| What the lawyer must review | The EEOC says a charge is a signed statement, and that the laws it enforces other than the Equal Pay Act require a charge before a lawsuit. In general a charge is filed within 180 days, extended to 300 days if a state or local agency enforces a law on the same basis. Federal employees generally must contact an agency EEO counselor within 45 days. You check every sentence before the charge is signed, and you confirm the deadline and the statute for the characteristic in issue. There is no national unfair-dismissal application. If the facts are retaliation, open 42 U.S.C. § 2000e-3 before the charge is framed that way. Formal Opinion 512: you remain responsible for the text. |
| Written for | United States |
| Applies to | [Draft the unfair-dismissal or equivalent tribunal application and response](https://ailawframework.com/practice/employment-and-workplace-relations/draft-the-unfair-dismissal-or-equivalent-tribunal-application-and-respon.md) |

## Checking plan

- What the AI does: Draft the charge narrative, or the employer's position, from the chronology and the documents the lawyer marks as usable. Do not recast the facts as a just-cause dismissal claim.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- This is a discrimination charge. It is not an unfair-dismissal claim and it does not use a tribunal form from another country.
- The 300-day period depends on a state or local agency. Confirm that agency for this charge.

## Sources

- [EEOC: Filing a charge of discrimination](https://www.eeoc.gov/filing-charge-discrimination) (checked 2026-10-22)
- [EEOC: Time limits for filing a charge](https://www.eeoc.gov/time-limits-filing-charge) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Unfair dismissal application (Fair Work Commission Form F2): eligibility, the 21-day limit and completion guide](https://ailawframework.com/precedents/employment-and-workplace-relations/form-fwc-f2-unfair-dismissal-application.md) | Form | Yellow | Link to the Commission's Form F2 and eligibility questions, with a guide to the 21-day limit, who can apply, the minimum employment period, extensions in exceptional circumstances, and the GenAI… |
| [Application for reinstatement (QIRC Form 12)](https://ailawframework.com/precedents/employment-and-workplace-relations/form-qld-qirc-12-reinstatement.md) | Form | Yellow | Link to Queensland Industrial Relations Commission Form 12. Reinstatement applications on the Commission's unfair-dismissal page are for Queensland state and local government employees, including… |
| [Outline for an EEOC position statement](https://ailawframework.com/precedents/employment-and-workplace-relations/us-eeoc-position-statement-outline.md) | Checklist | Yellow | An outline for the employer's position statement to the EEOC, following the Commission's pages on effective statements and on what happens to the statement after it is submitted. |
| [Employer response to an application for reinstatement (QIRC Form 12A)](https://ailawframework.com/precedents/employment-and-workplace-relations/form-qld-qirc-12a-employer-response.md) | Form | Yellow | Link to QIRC Form 12A, the employer response to an application for reinstatement, listed on the Commission's unfair-dismissal page. |
| [Application for an unlawful termination dispute (Form F9)](https://ailawframework.com/precedents/employment-and-workplace-relations/form-fwc-f9-unlawful-termination.md) | Form | Yellow | Link to Fair Work Commission Form F9. The page says to lodge by 11:59 pm on the 21st day after the employment was terminated, and it cites sections 772 and 773. |
| [Title VII charge and suit timing checklist](https://ailawframework.com/precedents/employment-and-workplace-relations/us-title-vii-charge-timing.md) | Checklist | Yellow | A checklist of the charge-filing and suit periods in 42 U.S.C. § 2000e-5. It is for Title VII. It does not state the periods under the ADEA or the ADA. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*