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How long does an employer have to respond once receiving a charge from the EEOC?

Charlotte, NC |

Four months after filing a discrimination claim with the EEOC I received notification from the EEOC that my charge has been assigned to an investigator and that they (the EEOC) is in the process of getting a response to my charge. What does this mean for me exactly? And how much longer could this possible take?

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Attorney answers 1


The EEOC sends a copy of your charge to your employer within 10 days of filing and requests a written Position Statement. The Position Statement is due generally within 20 days, but there is no punishment if the employer does not file it within the allotted time. In reality the EEOC is very backlogged right now and most investigations won't actually start until at least 3-4 months after filing. Most of our clients EEOC investigations take anywhere from 10 to 18 months. We have recently had some that take over 2 years.

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 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.

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