A civil rights agency is a government body — either federal or state-level — responsible for investigating claims of discrimination in the workplace. Filing with one is free, doesn't require a lawyer, and in most cases is a prerequisite for pursuing legal action.

This post will review what the process actually looks like — and what these agencies can and can't do for you.

The EEOC is the federal agency that enforces workplace civil‑rights laws and investigates discrimination claims. Think of the EEOC as a neutral referee: investigators review what you submit, look for evidence, and decide whether the case warrants further action. In some cases, when discrimination is found, they can help mediate (conciliation) and may even file a lawsuit on your behalf, but this does not take place until after the investigation concludes.

We make this distinction, because it’s important to remember that the EEOC is not your personal lawyer or advocate. Investigators will review what you provide to make a decision, but they won’t build your case for you or help you prove your claims.

FEPAs are state or local agencies that do much of the same work as the EEOC but under state law. Their rules and resources vary by state, and many offer mediation and enforcement options.

If your state has a FEPA, filing with the state will typically trigger a simultaneous filing with the EEOC. For example, if you open a complaint with California's Civil Rights Department, your charge is also automatically cross-filed with the EEOC, preserving your federal rights even if only the state agency investigates.

This process is called Dual-Filing and is primarily for record-keeping as only one agency will run an investigation. However, if you are unhappy with your state's findings or feel your case was mishandled, it is possible to appeal the FEPA's decision directly with the EEOC.

After you file, your case follows a few possible paths: the agency may dismiss the charge, attempt mediation, investigate the complaint, or — if it finds cause — seek enforcement or litigation.

For an overview, the EEOC provides a flow chart of the possible paths a case can take.

FEPAs often follow a similar sequence but can differ by state. Check your state agency’s website for local procedures and timelines.

The EEOC estimates investigations take about 10 months, but real‑world timelines imply that a full investigation can sometimes take several years. Mediation can speed things up, but it requires your employer’s agreement and both sides reaching a settlement.

Due to a lower volume of claims, FEPAs tend to move faster, but investigations can still take a year or longer.

In short: prepare for a potentially long process.

No, investigators are not employment lawyers.

Agencies do have lawyers on staff who handle legal questions and litigation decisions, but you generally won’t interact with those attorneys unless the agency decides to sue your employer (which is rare).

Investigators will be the person you engage with directly as they gather evidence, interview witnesses, and arrive at a finding regarding your claims. These investigators will of course have access to the agency's in-house lawyers, but they are unlikely to involve them during their own initial investigation. Keeping this in mind may reduce the pressure you feel to use legal terminology which isn't necessary at this stage

Remember these people are often handling a large volume of cases and you’re more likely to make your case stand out as one worth pursuing if you tell it from a more human perspective rather than trying to sound like a lawyer. At this stage focus on relaying the key moments that made you feel certain it was discrimination or led to you being harmed.

Remember that you need their help, and treat every interaction accordingly. These investigators have discretion in how much attention they give your case — which means being clear, human, and respectful isn't just good manners. It's strategy.

Generally, investigators aim to be fair and neutral, but fairness in practice can be limited by heavy caseloads, limited time, and scarce resources. That can make the process feel cold or tilted toward the side that presents a clearer, better‑organized narrative — often the employer, because they have experienced counsel.

If the investigation is not yet complete: No.

Mediation is often offered early in the investigation, but can be scheduled at any point during the investigation. At this stage the EEOC remains a neutral administrator and does not participate in settlement talks. Mediation is run by a neutral mediator and includes only the parties (and their lawyers, if any).

If the investigation finds discrimination: Yes.

The agency will offer conciliation, which is similar to mediation, but with the EEOC taking an active role. Like mediation, both parties come together to negotiate an outcome with the EEOC acting as a participant to help shape a fair remedy based on its findings.

If a FEPA (the state) handled your investigation and you disagree with the decision, the EEOC has a process for appealing. However, you’ll have to act quickly as you only have 15 days from the date of the decision to take this step.

If the EEOC closed your case without a finding in your favor or you don’t wish to file an appeal, your most practical next step is requesting a right-to-sue letter — which authorizes you to file a lawsuit in court regardless of the agency's findings. If you plan to file in federal court, you will have 90 days from the date the letter is issued to file. If you prefer to file at the state level, the timelines to file can vary, so it’s best to check the specific rules for your state.

It's also worth knowing that an unfavorable agency decision doesn't mean your case is weak. Agencies are under-resourced and their investigations are limited in scope. Many cases they decline to pursue have gone on to succeed in court with the right legal representation.

An unfavorable decision is not the end of the road — for many claimants, it's the beginning of the next stage.