They base it on a review of your allegations. The charges that appear the strongest get the most resources. The weaker ones get fewer resources I.e. the EEOC spends less time investigating them.
Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.
The cases actually investigated by the EEOC are extremely limited, as are their resources. You can pursue the matter on a contingency basis, no recovery, no fee, if your claims have merit.
Consult an experienced local employment attorney.
Please check the law of your state