--- title: "EEOC Form 5 charge of discrimination" url: "https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/us-eeoc-form-5" type: "precedent" site: "AI Law Framework" id: "a15-us-eeoc-form-5" area_id: "A15" kind: "form" ai_level: "red" version: 1 task_ids: ["A15-T1-R3", "A15-T1-R8", "A15-X20260927-6"] law_stated_as_at: "2026-10-22" --- # 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. Canonical page: https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/us-eeoc-form-5 Law stated as at: 2026-10-22 Site index for agents: https://ailawframework.com/llms.txt ## Key facts - Kind: Form. A form to complete, or a guide to completing an official one. - Practice area: [Anti-Discrimination & Industrial Relations](https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations.md) - Jurisdictions: United States - AI level: 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: 2026-10-22 - Status: Maintained. Checked on 2026-10-22 against the official form at eeoc.gov and the 4 authorities it cites, for United States. ## 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](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/draft-a-discrimination-complaint-and-the-respondent-s-response.md) - [Map forum, standing and time limits for the discrimination or workplace claim](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/map-forum-standing-and-time-limits-for-the-discrimination-or-workplace-c.md) - [Take a discrimination complaint from the commission to the court or tribunal](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/take-a-discrimination-complaint-from-the-commission-to-the-court-or-trib.md) ## 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 ## Authorities - [EEOC, How to file a charge of employment discrimination, page opened 22 October 2026](https://www.eeoc.gov/how-file-charge-employment-discrimination) - [EEOC, Filing a charge of discrimination, page opened 22 October 2026](https://www.eeoc.gov/filing-charge-discrimination) - [EEOC selected forms, which names Form 5 as Charge of Discrimination and links an example PDF, not the May 2025 file](https://www.eeoc.gov/selected-eeoc-forms) - [EEOC charge PDF opened 22 October 2026 (filename dated May 2025). The extract does not itself print the words Form 5](https://www.eeoc.gov/sites/default/files/2025-12/EEOC_Form_5_Charge_of_Discrimination_-_May_2025.pdf) ## Official form [Official form](https://www.eeoc.gov/sites/default/files/2025-12/EEOC_Form_5_Charge_of_Discrimination_-_May_2025.pdf) ## Where this comes from The official form is published by eeoc.gov; this page is a completion guide. Last checked on 2026-10-22. ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/us-eeoc-form-5 and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*