--- title: "EEOC charge of discrimination" url: "https://ailawframework.com/precedents/employment-and-workplace-relations/us-eeoc-form-5" type: "precedent" site: "AI Law Framework" id: "a14-us-eeoc-form-5" area_id: "A14" kind: "form" ai_level: "red" version: 1 task_ids: ["A14-T1-R4", "A15-T1-R3", "A15-T1-R8", "A15-X20260927-6"] law_stated_as_at: "2026-10-22" --- # EEOC charge of discrimination > Link to the EEOC charge of discrimination. The opened PDF declares under penalty of perjury and has a notary block when a state or local agency requires one. The how-to page states 180-day and 300-day filing limits. Canonical page: https://ailawframework.com/precedents/employment-and-workplace-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: [Employment & Workplace Relations](https://ailawframework.com/precedents/employment-and-workplace-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 2 authorities it cites, for United States. ## When to use it Use when a person will file a charge of employment discrimination with the EEOC, or a dual-filed charge with a state or local fair employment agency. Federal employees and applicants for federal jobs use a different process. Do not use this note to draft the particulars. ## Used for these tasks - [Draft a general-protections or retaliation claim and response](https://ailawframework.com/practice/employment-and-workplace-relations/draft-a-general-protections-or-retaliation-claim-and-response.md) - [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 tool may list the how-to page's filing routes and the deadline rule the lawyer still has to apply, and it must not draft the charge or the particulars. **AI may:** - List whether the lawyer has chosen the Public Portal, an office visit, a FEPA, or a signed letter, and whether the 180-day or 300-day rule is still undecided - Remind the lawyer that federal employees use the separate federal-sector process linked from the how-to page **AI must not:** - Must not draft the particulars, the short description of the acts, or the reason for the charge - Must not declare that discrimination occurred, or choose the basis - Must not sign the charge or the perjury declaration, or say a notary is unnecessary - Must not treat a phone call as the filing of a charge **The lawyer checks:** - The how-to page says a charge is a signed statement that an organisation engaged in employment discrimination and a request that the EEOC take remedial action. Except for the Equal Pay Act, a charge is required before a lawsuit - The filing deadline is 180 calendar days, extended to 300 if a state or local agency enforces a state or local law prohibiting discrimination on the same basis. Age charges extend to 300 days only if a state law and a state agency cover age. A local age law alone does not extend the deadline - Charges are not taken by phone. The Public Portal is the first step for an inquiry and an interview. If 60 days or fewer remain, the portal gives special directions. Those directions were not copied - A charge may be sent as a signed letter containing the items the how-to page lists. An unsigned letter cannot be investigated. Filing with the EEOC or a FEPA can dual-file with the other where a worksharing agreement exists - The opened PDF says "I declare under penalty of perjury that the above is true and correct" and has a notary block "when necessary for State and Local Agency Requirements", plus an oath that the charge is true. The extract does not print the words Form 5 or May 2025 ## 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 charge PDF opened 22 October 2026 from the May 2025 Form 5 file address. The extract is headed CHARGE OF DISCRIMINATION](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/employment-and-workplace-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.*