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If you have received a document titled "Determination and Notice of Rights," "Dismissal and Notice of Rights," or "Notice of Right to Sue" from the Equal Employment Opportunity Commission (EEOC), you are at a critical point in your employment discrimination case.
Your opportunity to pursue a lawsuit may depend on what you do next. Read the entire notice and seek legal advice promptly.
The 90-Day Deadline: Do Not Wait
For many federal employment discrimination and retaliation claims, including claims under Title VII and the Americans with Disabilities Act, you generally must file a lawsuit within 90 days after receiving your EEOC right-to-sue notice.
That means filing in court — not merely contacting a lawyer or the EEOC.
The period is measured in calendar days, with court rules governing how the final filing date is calculated. Do not assume the clock starts when you finally open the document or download it from the EEOC portal. Electronic delivery can trigger the deadline; the exact receipt date can depend on the circumstances, including notice to your attorney.
Save the notice, related emails, and the envelope if it arrived by mail. Have an attorney calculate the deadline. If you miss it, your lawsuit may be barred. Exceptions are limited; do not count on an extension. If you think the deadline has already passed, seek legal advice immediately rather than deciding for yourself that nothing can be done.
Step 1: Obtain Your EEOC Charge, If Possible
One of the most important documents for evaluating your case is your signed EEOC Form 5, officially titled "Charge of Discrimination." Obtain a copy, along with any amended charges, if available. Do not delay contacting my office while you look for documents.
How to Find Form 5 in the EEOC Public Portal
Go to publicportal.eeoc.gov/portal/ and sign in.
In "My Inquiries/Charges/Cases," select "View My Cases," then select your charge number. If you have only one case, the portal may open it directly.
On the "My Charge" page, locate "My Documents."
Find "Charge of Discrimination" (Form 5), select the document name, and download and save it. Save any amended charges and your right-to-sue notice as well.
Form 5 is separate from your right-to-sue notice and your intake questionnaire. It identifies the employer you charged, the discrimination or retaliation you alleged, and the events you presented to the EEOC. The charge and any amendments may affect which claims you can pursue in court.
If you cannot locate the documents or cannot access the portal, contact my office anyway. Do not let a technical problem consume valuable days.
Step 2: Contact John Mac Promptly
Call or text my office and tell us you received an EEOC right-to-sue notice. Share the notice and explain when and how you or your attorney received it, including any related email notifications, so the deadline can be evaluated.
An initial telephone conversation generally takes approximately 20 minutes. If texting is more convenient, you can begin the conversation by text. The time needed to evaluate a case varies.
We will discuss what happened, your employer's stated reasons, and why you believe discrimination or retaliation occurred. Relevant details may include complaints you made, the timing of employment decisions, changes in your employer's explanations, and whether similarly situated employees were treated differently.
Have your Form 5, any amendments, and your notice available if possible. I will review the available information to assess whether your case may support a lawsuit.
An Unfavorable EEOC Finding Does Not Necessarily Mean You Have No Case
An EEOC decision not to find reasonable cause is not the same as a judge or jury deciding your lawsuit. A dismissal or no-cause finding does not, by itself, establish that your claim lacks merit. An attorney can independently evaluate the evidence and any procedural barriers.
Evidence that an employer's explanation is a pretext — a cover for unlawful discrimination or retaliation — can be important. Showing an explanation was false may support a claim, but unfairness or a false explanation alone does not automatically establish a federal law violation.
Retaliation for protected opposition to discrimination or participation in protected proceedings may also support a claim. Not every unfair workplace decision violates federal law; the facts and applicable legal requirements matter.
Step 3: Preserve Your Evidence Now
Save relevant emails, text messages, evaluations, disciplinary notices, termination documents, complaints to management, and communications showing how your employer responded. Prepare a timeline and identify potential witnesses.
Do not delete messages or alter documents. Do not improperly access confidential employer files. Preserve evidence you already lawfully possess, and let an attorney determine what additional evidence may be obtained through litigation.
Your Civil Rights Deserve Professional Attention
You took the important step of filing an EEOC charge. Do not lose a possible opportunity to pursue your claims because another deadline passed.
Email your Form 5, any amended charges, and your right-to-sue notice to my office and request a consultation, or begin by calling or texting.
Every day matters.
About John Mac Hayes
John Mac Hayes is an Oklahoma attorney with more than 30 years of experience. His practice includes federal employment litigation and civil rights matters, serving clients in Tulsa, Claremore, Oklahoma City, and surrounding Oklahoma communities.
Call or Text: 918-888-0630
Email: johnmachayeslaw@aol.com
Website: johnmachayeslaw.com
General information, not legal advice. Contacting the office does not stop a filing deadline or establish an attorney-client relationship. Representation is subject to case acceptance. Federal employees and applicants follow a different process. Age-discrimination and Equal Pay Act claims have different filing rules; other claims may have separate deadlines. Seek advice about your specific circumstances promptly.