When an individual wishes to file a discrimination complaint against an employer, he/she must first notify the Equal Employment Opportunity Commission about it. Discrimination charges must be filed with the EEOC within 180 days from the date of the alleged discrimination; this deadline is extended to 300 days if the charge is also covered by either state or local anti-discrimination laws. Generally, the aggrieved party must file discrimination charges with the EEOC first before filing a private lawsuit in court. An exception to this rule would be for claims that fall under the Equal Pay Act, which does not require persons to file a charge with the EEOC prior to taking the matter to court. .

             After a charge has been filed, the EEOC notifies the employer and begins an investigation into the matter. During its investigation the EEOC may review documents, request for further information to be disseminated, conduct interviews with various individuals involved in the matter, and make visits to the facility where the alleged discrimination occurred. After the investigation's completion any evidence that was compiled is reviewed by the EEOC. If insufficient evidence exists towards establishing that discrimination has occurred, the EEOC will close the case and notify the charging party that it has 90 days in which to file a private lawsuit on its behalf. .

             If, however, the evidence establishes that discrimination has indeed occurred, then the EEOC will notify both the employer and charging party of this in a letter of determination. At this point, the EEOC will attempt to urge both parties towards settling the matter through mediation. If mediation does not occur or is unsuccessful then the EEOC will give the charging party a "right to sue" notice, which will allow it to file a lawsuit within 90 days of the notice's receipt. .

             To start the civil litigation process a plaintiff must first file a complaint with the federal district court, which serves as the trial court within the federal court system.