Form · Anti-Discrimination & Industrial Relations
EEOC Form 5 charge of discrimination
Link to EEOC Form 5, the charge of discrimination. The charge opened from the May 2025 PDF declares under penalty of perjury that the charge is true and correct. The tool writes none of it.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- United States
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the official form at eeoc.gov and the 4 authorities it cites, for United States.
- Version
- 1
- Source
- Link to the official form. Licence: Link only. U.S. Equal Employment Opportunity Commission charge form. Download the current charge from eeoc.gov each time; do not copy or adapt it.
Where this comes from
The official form is published by eeoc.gov; this page is a completion guide. Last checked on 2026-10-22.
When to use it
Use when a person, or someone filing for that person, prepares a charge of employment discrimination for the EEOC. Federal employees and applicants use a different complaint process. A charge is generally required before a lawsuit, except under the Equal Pay Act.
Used for these tasks
- Draft a discrimination complaint and the respondent's response
- Map forum, standing and time limits for the discrimination or workplace claim
- Take a discrimination complaint from the commission to the court or tribunal
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The charge declares under penalty of perjury that it is true and correct, so the tool writes no particulars, no basis and no signature line.
AI may
- List the filing paths the EEOC page names, so the lawyer can choose among the portal, a FEPA, mail and an in-person visit
- Calculate 180 and 300 calendar days from a date the lawyer supplies, and label the result as arithmetic rather than a conclusion that the charge is timely
- Note whether the respondent named in the file is a private employer, a union, a state or local agency, or a federal employer, using only labels already in the file
AI must not
- Must not write or outline the particulars of the charge
- Must not choose the basis of discrimination or the dates to put on the form
- Must not sign the charge, the perjury declaration or the notary block
- Must not say that a federal employee's complaint uses Form 5
The lawyer checks
- The laws the EEOC enforces, except the Equal Pay Act, require a charge before a job-discrimination lawsuit. An individual, organisation or agency may file for another person to protect that person's identity
- The how-to page states a 180-calendar-day deadline, extended to 300 calendar days if a state or local agency enforces a state or local law on the same basis. Age discrimination is extended to 300 days only if a state law prohibits age discrimination and a state agency enforces it. A local age law alone does not extend the deadline
- The EEOC does not take charges over the phone. Calling 1-800-669-4000 starts the process. If 60 days or fewer remain, the portal gives special directions. Offices are open 8:00 a.m. to 4:30 p.m., Monday to Friday. The page says there are 53 offices
- A charge filed with the EEOC or with a FEPA that has a worksharing agreement is automatically filed with the other. A mailed charge must be signed. An unsigned letter cannot be investigated
- The opened charge says 'I declare under penalty of perjury that the above is true and correct.' It also has a notary block 'when necessary for state and local agency requirements'
- The selected-forms page's Form 5 link is an example PDF whose filename contains 6-24. The PDF that was read is the May 2025 URL. Read the current charge before anyone signs. The federal-sector complaint process is a different page
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Link only. U.S. Equal Employment Opportunity Commission charge form. Download the current charge from eeoc.gov each time; do not copy or adapt it..
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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