On December 13, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced the launch of e-file for attorneys, allowing attorneys to file charges of discrimination electronically on behalf of their clients, enabling a more efficient process for charging parties and the EEOC. Prior to implementing this electronic filing option, according to the EEOC, approximately a third of the charges received are filed by attorneys on behalf of their clients using mail, fax, or hand-delivery, and those charges are then processed by the EEOC manually. This electronic filing option will now enable attorneys representing charging parties to immediately upload a signed charge, or create a charge for their client to sign and submit through the EEOC Public Portal.
Under this e-file option, attorneys will not be able to file amended charges through the application, and will not be able to file a charge without disclosing a client’s identity. Once submitted, attorneys will be able to access the charge through the Public Portal.
A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination, and requests the EEOC to take remedial action. If an employee believes they have been discriminated against in the workplace based on their age, disability, sex (including pregnancy, sexual orientation and gender identity), race, color, religion, national origin or genetic information, they must file a charge of discrimination with the EEOC prior to filing a lawsuit against their employer.