Getting Started: Your Rights During the EEOC Shutdown

The U.S. Equal Employment Opportunity Commission (EEOC) is currently closed due to a lapse in government funding. While the agency is not operating at full capacity, certain limited functions remain available. For employees and employers alike, understanding how this impacts discrimination claims is essential.

What’s Happening

The EEOC enforces federal laws that prohibit workplace discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, or retaliation. Because Congress has not approved funding, the agency has temporarily shut down most of its operations until appropriations are restored.

During this period, EEOC staff are not available to respond to questions, process new submissions, or continue ongoing investigations. Scheduled hearings, mediations, and interviews are canceled and will be rescheduled once the agency reopens.

What You Can Still Do

Although most EEOC activity is paused, there are still steps you can take to protect your rights:

1. Submit a pre-charge inquiry online.
The EEOC’s Public Portal remains open for initial submissions. This does not count as an official charge, but it helps you begin the process and preserve your place in line.

2. Watch your deadlines.
The deadlines to file a charge or a lawsuit are not paused during the shutdown. In most cases, you must file a charge within 180 or 300 days from the last discriminatory act, depending on your state. If you already received a “Right to Sue” letter, your 90-day filing window continues to run.

3. Check with your state or local agency.
State and local employment discrimination agencies continue to operate normally. You may be able to file with one of them instead of waiting for the EEOC to reopen.

4. Document everything.
lass=”yoast-text-mark” />>If you are waiting to file or continue a case, keep gathering evidence such as emails, text messages, and notes about key events. This will make your case stronger once operations resume.

What’s Paused

Investigations into existing EEOC charges

Mediations, hearings, and interviews

Processing of Freedom of Information Act (FOIA) requests

EEOC-sponsored outreach or training programs

Responses to emails or general inquiries

All of these activities will resume once government funding is restored, and deadlines related to scheduled proceedings will typically be extended by the number of days the government was shut down.

Why the EEOC Shutdown Matters

The EEOC shutdown can create confusion for employees seeking help with discrimination claims, as well as for employers responding to them. The key takeaway: your rights still exist, but you must be proactive about preserving them. Missing a filing deadline could permanently affect your ability to bring a claim, even though the agency itself is temporarily closed.

If you’re unsure how this impacts your case or upcoming deadline, it’s best to speak with an employment attorney as soon as possible. A lawyer can help you file with the correct agency, ensure your rights are protected, and guide you on next steps while the EEOC remains closed.

The Foster Group is committed to helping Arizona employees understand their options and protect their rights, even when the government isn’t operating as usual.