by The Equal Employment Opportunity Commission (EEOC) has made it easier for employees and job applicants to use an attorney to file an agency charge alleging violation of federal nondiscrimination laws. It has set up a new online service, EEOC E-File for Attorneys. Through this portal, licensed attorneys can streamline the process for an individual to file a federal employment discrimination charge.
Employees and applicants do not need an attorney to file a charge of discrimination with the EEOC. In addition to filing charges in person with the federal agency or through a state EEO agency working with the EEOC, the EEOC Public Portal provides online access to EEOC services. Individuals can use the public portal to set up in-person or telephone interviews with EEOC representatives. To file a charge through the EEOC Public Portal, the employee or applicant must first make an inquiry to the EEOC and have an interview with an EEOC representative. The agency representative will assist the individual in preparing the charging document.
In contrast, a pre-charge EEOC interview is not required before a charge is created and submitted using E-File for Attorneys. The attorney can directly assist in refining the client’s charge before it is submitted to the agency.
The EEOC E-File for Attorneys coordinates with but is separate from, the existing EEOC Public Portal. The two services have different login procedures and features. Using the new portal, a licensed attorney may file a charge on behalf of a client by either:
- Uploading and submitting a charge that the client has previously signed but has not yet submitted to the EEOC; or
- Creating and submitting a charge that the attorney’s client can sign through the EEOC Public Portal.
E-File for Attorneys requires attorneys to create or use an existing Login.gov account to access the portal. Login.gov is a secure sign-in service the public uses to sign in to participating government agencies. For more information on setting up and using a Login.gov account, see https://www.login.gov.
Attorneys interest in using EEOC E-File for Attorneys should note:
- An attorney may not file a charge through the portal without disclosing the client’s identity;
- After a charge is submitted, attorneys may use the EEOC Public Portal to access it; and
- Attorneys will not be able to file amended charges through E-File for Attorneys.
More information on E-File for Attorneys can be found at https://e-file.eeoc.gov.
