--- title: "EEOC Investigation Timeline: A Small Business Guide" description: "Master the EEOC investigation timeline: Key insights and preparation tips for small businesses to ensure seamless compliance." image: https://blog.axcethr.com/hubfs/eeoc-investigation-timeline%20(1).webp --- - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![AxcetHR Solutions Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png)](https://www.axcethr.com/) - [About Us](https://www.axcethr.com/about-us/) - [Corporate Philantropy](https://www.axcethr.com/about-us/corporate-philanthropy/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Values and Culture](https://www.axcethr.com/about-us/values-and-culture/) - [Kansas PEO](https://www.axcethr.com/about-us/kansas-peo/) - [Missouri PEO](https://www.axcethr.com/about-us/missouri-peo/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - [About PEOs](https://www.axcethr.com/why-axcet/about-peos/) - [PEO Cost](https://www.axcethr.com/peo-cost/) - [Switching PEOs](https://www.axcethr.com/switching-peos/) - [Certified PEO](https://www.axcethr.com/why-axcet/certified-peo/) - [HR Outsource Options](https://www.axcethr.com/why-axcet/outsourcing-options/) - [Client Reviews](https://www.axcethr.com/why-axcet/client-reviews/) - [PEO Services](https://www.axcethr.com/services/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Workers' Comp. and Employee Safety Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Expertise](https://www.axcethr.com/expertise/) - [PEO Expertise You Can Trust](https://www.axcethr.com/expertise/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [Subscribe to the Blog](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Blog](https://blog.axcethr.com) - [Schedule a Consultation](https://www.axcethr.com/schedule-consultation/) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [Client Reviews](https://www.axcethr.com/why-axcet/client-reviews/) - [Why Choose Axcet?](https://www.axcethr.com/why-axcet/) - [About PEOs](https://www.axcethr.com/why-axcet/about-peos/) - [Certified PEO](https://www.axcethr.com/why-axcet/certified-peo/) - [Options to Outsource Human Resources](https://www.axcethr.com/why-axcet/outsourcing-options/) - [Services](https://www.axcethr.com/services/) - [Complete List of Services](https://www.axcethr.com/services/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Risk Management](https://www.axcethr.com/services/risk-management/) - [Payroll Administration](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Expertise](https://www.axcethr.com/expertise/) - [Expertise You Can Trust](https://www.axcethr.com/expertise/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [Blog](https://blog.axcethr.com/) - [Subscribe to the Blog](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [About Us](https://www.axcethr.com/about-us/) - [Community Involvement](https://www.axcethr.com/about-us/community-involvement/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Careers](https://axcethrsolutions.prismhr-hire.com/) - [Client Portal](https://www.axcethr.com/client-services/) - [Employee Login](https://www.axcethr.com/client-services/) [![fuel-blog-logo](https://blog.axcethr.com/hs-fs/hubfs/fuel-blog-logo.png?width=310&height=97&name=fuel-blog-logo.png)](https://blog.axcethr.com) Filter Blog by Topic - [Human Resources](https://blog.axcethr.com/topic/human-resources) - [Payroll Administration](https://blog.axcethr.com/topic/payroll-administration) - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [All about COVID-19 in the Workplace](https://blog.axcethr.com/topic/covid19) - [Kansas & Missouri HR News](https://blog.axcethr.com/topic/kansas-and-missouri-hr-news) - [Kansas City Interest News](https://blog.axcethr.com/topic/kansas-city-interest-news) - [PEO/HRO](https://blog.axcethr.com/topic/peo) - Choose Topic: - [Human Resources](https://blog.axcethr.com/topic/human-resources) - Payroll Administrations - [Employee Safety & Risk Management](https://blog.axcethr.com/topic/employee-safety-risk-management) - [Employee Benefits](https://blog.axcethr.com/topic/employee-benefits) - [PEO](https://blog.axcethr.com/topic/peo) Play Audio EEOC Investigation Timeline: A Small Business Guide 7:38 # A Step-by-Step Guide to the EEOC Investigation Timeline for Employers By [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) on [Mar 26, 2024](https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide) 5 min read [0 comment(s)](https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide#comments-listing) Share this: - - - - [whatsapp://send?text=https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide](whatsapp://send?text=https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide) - [mailto:?subject=EEOC%20Investigation%20Timeline:%20A%20Small%20Business%20Guide&body=https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide](mailto:?subject=EEOC%20Investigation%20Timeline:%20A%20Small%20Business%20Guide&body=https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide) ![eeoc-investigation-timeline (1)](https://blog.axcethr.com/hs-fs/hubfs/eeoc-investigation-timeline%20(1).webp?width=1200&height=800&name=eeoc-investigation-timeline%20(1).webp) Has an employee filed an EEOC claim against your small business, or do you anticipate dealing with such an issue soon? There's no need for panic. Our HR compliance experts are equipped to assist you.  Understanding the EEOC investigation timeline is crucial, whether you're currently facing a claim or just want to be prepared for the future. In this detailed post, we'll guide you through the EEOC investigation timeline, addressing frequently asked questions about the process, what to expect after a claim is filed and providing essential tips for preparation. Plus, we'll share advice on preventing future EEOC issues, including those related to [harassment in the workplace](https://blog.axcethr.com/harassment-in-the-workplace), to help your business stay informed and compliant. RELATED: [Avoiding EEOC Complaints >>](https://blog.axcethr.com/avoiding-eeoc-complaints)  ## EEOC Investigations: FAQs  ### Does the EEOC Investigate Every Claim?  The answer to the question “Does the EEOC investigate every claim” is a bit nuanced. As a general rule, yes, the EEOC does investigate every claim, unless the claim is settled before the claim reaches the investigation step.  Many steps in the EEOC complaint process take place before an investigation is conducted. After an employer receives a copy of a complaint, the EEOC may offer the employer and employee a chance to mediate the issue. Mediation is an alternative to the investigation process. During a mediation, a determination of “right” or “wrong” is not made; the mediator will simply suggest ways to resolve the disagreement.  As part of a mediation, the employer may decide to offer a settlement. If a settlement is accepted by the employee and approved by the EEOC, the complaint will not proceed to the investigation stage.  If mediation is not offered, or if mediation is attempted and is unsuccessful, the employer will be permitted to respond to the complaint with a written answer. Then, the charge will be turned over to an EEOC investigator.  ### How Long Does an EEOC Investigation Take?  The EEOC reports that, on average, the complete EEOC investigation timeline will take approximately [10 months](https://www.eeoc.gov/what-you-can-expect-after-you-file-charge#:~:text=On%20average%2C%20we%20take%20approximately,EEOC%27s%20Online%20Charge%20Status%20System.). As discussed above, you may have an opportunity to enter into settlement and mediation discussions, which generally wrap up much quicker—usually in less than 3 months, according to the EEOC.  [![New call-to-action](https://no-cache.hubspot.com/cta/default/2652187/fba35662-e5a0-4d81-ad5f-f503a567b614.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/fba35662-e5a0-4d81-ad5f-f503a567b614) ## EEOC Investigation Timeline ### 1. Complaint Filing The former, current, or prospective employee files a complaint.  ### 2. Employer Notification  The EEOC will notify the employer of the complaint within 10 days. The notification will include a link to a website where the employer can access a “Respondent Portal.” In the Respondent Portal, the employer can access the complaint and messages from the EEOC regarding the charge.  ### 3. Mediation and/or Settlement In many cases, the EEOC will offer the employer and employee the opportunity to engage in mediation and/or settlement of the charge. [Mediation](https://blog.axcethr.com/eeoc-mediation-and-settlement-faqs-for-employers) and/or settlement are voluntary processes, and either party can decline to participate. If the mediation and/or settlement is not successful or not approved by the EEOC, the process will proceed to step 4. If the mediation and/or settlement is both successful and approved by the EEOC, the process may essentially conclude at step 3.  RELATED: [EEOC Mediation & Settlement - FAQs for Employers >>](https://blog.axcethr.com/eeoc-mediation-and-settlement-faqs-for-employers) ### 4. Employer Submits Written Statement In this first stage of the investigation process, the employer will submit a written statement of position. This is the employer’s chance to document its version of the events detailed in the complaint.  ### 5. Response to Request for Information As part of the EEOC investigation timeline, the employer may be required to submit Requests for Information or “RFIs.” The employer may have to disclose documents and other information relating to the claims raised in the complaint. The EEOC may send investigators to the employer’s physical sites to gather certain information.  ### 6. Witness Interviews An EEOC investigator may conduct interviews of witnesses, including the complaining employee and witnesses from the employer-company.  ### 7. Completion of Investigation After the EEOC has finished investigating the claims raised in the complaint, it will determine whether there is “reasonable cause” to believe discrimination took place. At this stage, the EEOC may:  - - #### Issue a Dismissal and Notice of Rights This occurs when the EEOC is unable to conclude that reasonable cause exists to believe discrimination happened.  - #### Issue a Letter of Discrimination This occurs when the EEOC determines there is reasonable cause to believe discrimination happened. In this circumstance, parties may be invited to enter into “conciliation,” an informal dispute resolution process.  - #### Issue a Notice of Right to Sue This occurs when and if the conciliation process is unsuccessful and the EEOC decides it will not litigate the charge itself. When a Notice of Right to Sue is issued, the employee may file a lawsuit against the employer in federal court during a 90-day time frame.  - #### Begin Litigation This occurs when and if the conciliation process is unsuccessful and the EEOC decides it will litigate the charge itself.  [![how to avoid or prevent EEOC complaints](https://no-cache.hubspot.com/cta/default/2652187/5a0d218d-6e12-4dca-9ee3-0dd2f2187e5c.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/5a0d218d-6e12-4dca-9ee3-0dd2f2187e5c) ## EEOC Investigation Preparation Tips Whether or not a claim proceeds to the investigation stage, there are some best practices to observe to make sure you aren’t running afoul of any EEOC rules, especially when employers take a proactive approach to preventing [workplace harassment](https://blog.axcethr.com/harassment-in-the-workplace) through clear policies. Keep the following in mind as the process unfolds:  - ### Don’t Delete Relevant Documents The EEOC investigation timeline moves quickly. It’s important to preserve any documents that may be relevant to the employment relationship in question or the claims raised in the complaint.  - ### Don’t Be Afraid to Ask Questions Don't hesitate to ask your EEOC investigator questions you have along the way. The EEOC investigator is here to help uncover the truth about whether or not discrimination took place. If you have questions about the EEOC investigation timeline, you can enquire with them.  - ### Comply with Requests Comply with all requests for documents and other information. An attorney can help you determine if any information may be relevant or irrelevant to include. If an employer does not comply with the EEOC during an investigation, the EEOC may issue a subpoena to gain access to the employer’s relevant documents and other information.  - ### Have Experts On Your Side Many companies choose to engage outside counsel when faced with an EEOC complaint. Another complementary strategy is to engage the services of a [certified professional employer organization](https://blog.axcethr.com/certified-peos-what-are-they-and-why-does-certification-mattereo) (PEO). A PEO can provide you with access to experienced HR compliance experts who can help you ensure you have procedures in place to avoid future EEOC investigations. A PEO can also guide you through the EEOC investigation timeline. RELATED: [8 Mistakes Companies Make When the EEOC Comes Knocking >>](https://blog.axcethr.com/eight-mistakes-companies-make-when-the-eeoc-comes-knocking)  ## Axcet HR: Your HR Compliance Partner  Making sense of your obligations under federal, state, and local law can be tricky. Ensuring that your managers and supervisors are trained to observe these obligations can be even trickier. At Axcet HR, we help you sort through the noise of HR compliance and identify which obligations are relevant to you based on your geographic area, industry, company size, and more. Wherever you are in the EEOC investigation timeline, you can reach out to us.  [HR compliance services](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) are just the beginning of what we offer at Axcet. To see how we can help you with a full range of HR functions, [schedule a consultation](https://www.axcethr.com/risk-management-frequently-asked-questions/) with our experienced team today.  [![Axcet HR Solutions HR PEO Services](https://no-cache.hubspot.com/cta/default/2652187/0493cc9b-7dee-475d-83a9-006fd2eab55c.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/0493cc9b-7dee-475d-83a9-006fd2eab55c) [![Jenny Barnes, SPHR](https://blog.axcethr.com/hs-fs/hubfs/Jenny.jpg?width=80&height=80&name=Jenny.jpg)](https://blog.axcethr.com/author/jenny-barnes) Written by #### [Jenny Barnes, SPHR](https://blog.axcethr.com/author/jenny-barnes) Jennifer Barnes, SPHR is a seasoned HR business professional and program manager with a strong track record in employee relations, HR strategy, and compliance. Currently serving as a Human Resources Consultant at Axcet HR Solutions, Jennifer brings over a decade of experience leading HR initiatives that support organizational growth and operational excellence. Prior to joining Axcet, she held strategic roles at companies like Chewy and Amazon, where she specialized in employee investigations, coaching for leadership teams, and KPI-driven program management. Her cross-industry HR expertise is further bolstered by a portfolio of respected credentials, including the Senior Professional in Human Resources (SPHR) and a Certificate in Data Analytics from HRCI. Jennifer is also a Belbin Team Roles Certified Practitioner, reflecting her passion for leadership development and effective team dynamics. Beyond her corporate achievements, Jennifer has dedicated years to animal welfare causes, volunteering and fostering through the Lawrence Humane Society and previously with the Cayo Animal Welfare Society. With a commitment to strategic HR planning, data-driven decision-making, and compassionate service, Jennifer continues to make a meaningful impact in both her professional and community roles. Read more [View all posts →](https://blog.axcethr.com/author/jenny-barnes) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) - [services HR Compliance](https://www.axcethr.com/services/human-resources/hr-compliance-specialist/) #### [Unlocking Compliance: Mastering OSHA Safety Training Requirements ![OSHA safety training requirements](https://blog.axcethr.com/hubfs/OSHA-safety-training-requirements-_1200-x-628-px_%20(3).webp)](https://blog.axcethr.com/osha-safety-training-requirements-a-small-business-guide) #### [![gen z in the workplace](https://blog.axcethr.com/hubfs/gen-z-in-the-workplace-_1200-x-628-px_%20(1).webp) Gen Z in the Workplace and the Six Expectations Employers Must Embrace](https://blog.axcethr.com/gen-z-in-the-workplace-6-things-they-want-from-employers) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateModified" : "2026-08-23T23:16:25.076Z", "datePublished" : "2024-03-26T16:53:05.000Z", "headline" : "EEOC Investigation Timeline: A Small Business Guide", "image" : [ "https://blog.axcethr.com/hubfs/eeoc-investigation-timeline%20(1).webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. Founded in Kansas City in 1988 with 35+ years of expertise.", "foundingDate" : "1988", "foundingLocation" : { "@type" : "Place", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" } }, "hasOfferCatalog" : { "@type" : "OfferCatalog", "itemListElement" : [ { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Comprehensive HR management services including recruitment, retention, performance management, and company culture development", "name" : "Human Resources Management" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Accurate payroll processing and payroll tax filing with dedicated payroll consultants", "name" : "Payroll Processing" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Group employee benefits management including health insurance evaluation, selection, and administration", "name" : "Employee Benefits Administration" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Workplace safety compliance and risk management solutions", "name" : "Risk Management" } }, { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Employment law compliance, regulatory reporting, and guidance from employment law attorneys", "name" : "HR Compliance & Legal Support" } } ], "name" : "HR Solutions Services" }, "keywords" : "PEO, Professional Employer Organization, HR Solutions, Human Resources Outsourcing, Payroll Services, Employee Benefits, Kansas City PEO, Small Business HR, Mid-Sized Business HR, HR Consulting, IRS Certified PEO, CPEO", "knowsAbout" : [ "Human Resources Management", "Professional Employer Organization", "PEO Services", "Payroll Processing", "Employee Benefits Administration", "Risk Management", "HR Compliance", "Health Plan Management", "Talent Recruitment", "Performance Management", "Workplace Safety", "Employment Law Compliance" ], "legalName" : "Axcet HR Solutions", "logo" : { "@type" : "ImageObject", "url" : "https://www.axcethr.com/wp-content/uploads/axcet-logo.png" }, "memberOf" : { "@type" : "Organization", "name" : "IRS Certified Professional Employer Organizations" }, "name" : "Axcet HR Solutions", "numberOfEmployees" : { "@type" : "QuantitativeValue", "value" : "50-200" }, "sameAs" : [ "https://blog.axcethr.com" ], "slogan" : "HR Support That Drives Success", "url" : "https://www.axcethr.com" } ``` ```json { "@context" : "https://schema.org", "@id" : "https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide#article", "@type" : "BlogPosting", "alternativeHeadline" : "Has an employee filed an EEOC claim against your small false", "articleBody" : "Has an employee filed an EEOC claim against your small business, or do you anticipate dealing with such an issue soon? There's no need for panic. Our HR compliance experts are equipped to assist you. Understanding the EEOC investigation timeline is crucial, whether you're currently facing a claim or just want to be prepared for the future. In this detailed post, we'll guide you through the EEOC investigation timeline, addressing frequently asked questions about the process, what to expect after a claim is filed and providing essential tips for preparation. Plus, we'll share advice on preventing future EEOC issues, including those related to harassment in the workplace, to help your business stay informed and compliant. RELATED: Avoiding EEOC Complaints >> EEOC Investigations: FAQs Does the EEOC Investigate Every Claim? The answer to the question “Does the EEOC investigate every claim” is a bit nuanced. As a general rule, yes, the EEOC does investigate every claim, unless the claim is settled before the claim reaches the investigation step. Many steps in the EEOC complaint process take place before an investigation is conducted. After an employer receives a copy of a complaint, the EEOC may offer the employer and employee a chance to mediate the issue. Mediation is an alternative to the investigation process. During a mediation, a determination of “right” or “wrong” is not made; the mediator will simply suggest ways to resolve the disagreement. As part of a mediation, the employer may decide to offer a settlement. If a settlement is accepted by the employee and approved by the EEOC, the complaint will not proceed to the investigation stage. If mediation is not offered, or if mediation is attempted and is unsuccessful, the employer will be permitted to respond to the complaint with a written answer. Then, the charge will be turned over to an EEOC investigator. How Long Does an EEOC Investigation Take? The EEOC reports that, on average, the complete EEOC investigation timeline will take approximately 10 months. As discussed above, you may have an opportunity to enter into settlement and mediation discussions, which generally wrap up much quicker—usually in less than 3 months, according to the EEOC. EEOC Investigation Timeline 1. Complaint Filing The former, current, or prospective employee files a complaint. 2. Employer Notification  The EEOC will notify the employer of the complaint within 10 days. The notification will include a link to a website where the employer can access a “Respondent Portal.” In the Respondent Portal, the employer can access the complaint and messages from the EEOC regarding the charge. 3. Mediation and/or Settlement In many cases, the EEOC will offer the employer and employee the opportunity to engage in mediation and/or settlement of the charge. Mediation and/or settlement are voluntary processes, and either party can decline to participate. If the mediation and/or settlement is not successful or not approved by the EEOC, the process will proceed to step 4. If the mediation and/or settlement is both successful and approved by the EEOC, the process may essentially conclude at step 3. RELATED: EEOC Mediation & Settlement - FAQs for Employers >> 4. Employer Submits Written Statement In this first stage of the investigation process, the employer will submit a written statement of position. This is the employer’s chance to document its version of the events detailed in the complaint. 5. Response to Request for Information As part of the EEOC investigation timeline, the employer may be required to submit Requests for Information or “RFIs.” The employer may have to disclose documents and other information relating to the claims raised in the complaint. The EEOC may send investigators to the employer’s physical sites to gather certain information. 6. Witness Interviews An EEOC investigator may conduct interviews of witnesses, including the complaining employee and witnesses from the employer-company. 7. Completion of Investigation After the EEOC has finished investigating the claims raised in the complaint, it will determine whether there is “reasonable cause” to believe discrimination took place. At this stage, the EEOC may: Issue a Dismissal and Notice of Rights This occurs when the EEOC is unable to conclude that reasonable cause exists to believe discrimination happened. Issue a Letter of Discrimination This occurs when the EEOC determines there is reasonable cause to believe discrimination happened. In this circumstance, parties may be invited to enter into “conciliation,” an informal dispute resolution process. Issue a Notice of Right to Sue This occurs when and if the conciliation process is unsuccessful and the EEOC decides it will not litigate the charge itself. When a Notice of Right to Sue is issued, the employee may file a lawsuit against the employer in federal court during a 90-day time frame. Begin Litigation This occurs when and if the conciliation process is unsuccessful and the EEOC decides it will litigate the charge itself. EEOC Investigation Preparation Tips Whether or not a claim proceeds to the investigation stage, there are some best practices to observe to make sure you aren’t running afoul of any EEOC rules, especially when employers take a proactive approach to preventing workplace harassment through clear policies. Keep the following in mind as the process unfolds: Don’t Delete Relevant Documents The EEOC investigation timeline moves quickly. It’s important to preserve any documents that may be relevant to the employment relationship in question or the claims raised in the complaint. Don’t Be Afraid to Ask Questions Don't hesitate to ask your EEOC investigator questions you have along the way. The EEOC investigator is here to help uncover the truth about whether or not discrimination took place. If you have questions about the EEOC investigation timeline, you can enquire with them. Comply with Requests Comply with all requests for documents and other information. An attorney can help you determine if any information may be relevant or irrelevant to include. If an employer does not comply with the EEOC during an investigation, the EEOC may issue a subpoena to gain access to the employer’s relevant documents and other information. Have Experts On Your Side Many companies choose to engage outside counsel when faced with an EEOC complaint. Another complementary strategy is to engage the services of a certified professional employer organization (PEO). A PEO can provide you with access to experienced HR compliance experts who can help you ensure you have procedures in place to avoid future EEOC investigations. A PEO can also guide you through the EEOC investigation timeline. RELATED: 8 Mistakes Companies Make When the EEOC Comes Knocking >> Axcet HR: Your HR Compliance Partner Making sense of your obligations under federal, state, and local law can be tricky. Ensuring that your managers and supervisors are trained to observe these obligations can be even trickier. At Axcet HR, we help you sort through the noise of HR compliance and identify which obligations are relevant to you based on your geographic area, industry, company size, and more. Wherever you are in the EEOC investigation timeline, you can reach out to us. HR compliance services are just the beginning of what we offer at Axcet. To see how we can help you with a full range of HR functions, schedule a consultation with our experienced team today.", "author" : { "@id" : "https://blog.axcethr.com/author/jenny-barnes#author", "@type" : "Person", "name" : "Jenny Barnes, SPHR", "url" : "https://blog.axcethr.com/author/jenny-barnes" }, "dateCreated" : "2024-03-26", "dateModified" : "2026-08-23", "datePublished" : "2024-03-26", "description" : "Has an employee filed an EEOC claim against your small business, or do you anticipate dealing with such an issue soon? There's no need for panic. Our HR compliance experts are equipped to assist you. Understanding the EEOC investigation timeline is crucial, whether you're currently facing a claim or just want to be prepared for the ...", "editor" : "Jenny Barnes, SPHR", "genre" : "Human Resources and Employee Management", "headline" : "EEOC Investigation Timeline: A Small Business Guide", "image" : "https://2652187.fs1.hubspotusercontent-na1.net/hubfs/2652187/eeoc-investigation-timeline%20%281%29.webp", "keywords" : "Human Resources, HR Compliance, EEOC investigation timeline, does the eeoc investigate every claim, how long does an eeoc investigation take", "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide", "@type" : "WebPage" }, "publisher" : { "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hs-fs/hubfs/axcethr_logo_white.png?width=225&name=axcethr_logo_white.png" }, "name" : "Axcet HR Solutions" }, "url" : "https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide", "wordCount" : "7508" } ``` ```json { "@context" : "https://schema.org", "@type" : "BreadcrumbList", "itemListElement" : [ { "@type" : "ListItem", "item" : "https://www.axcethr.com/", "name" : "Home", "position" : 1 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/", "name" : "Insights", "position" : 2 }, { "@type" : "ListItem", "item" : "https://insights.axcethr.com/tag/human-resources", "name" : "Human Resources", "position" : 3 }, { "@type" : "ListItem", "item" : "https://blog.axcethr.com/eeoc-investigation-timeline-a-small-business-guide", "name" : "EEOC Investigation Timeline: A Small Business Guide", "position" : 4 } ] } ```