Wizard Test – Discrimination Navigator

DN Charge of Discrimination Wizard

Welcome
Your Info
Employer Info
What Happened
When It Happened
Witnesses
Comparators
Your Story

Welcome to the Charge of Discrimination Wizard

This wizard will guide you through preparing your EEOC Charge of Discrimination. Plan for 30–45 minutes to complete it. You can save your progress and return at any time using the link in your welcome email.

What you’ll need:

Your employer’s legal name and address
Dates of the discriminatory acts
Names of witnesses (if any)
Names of comparators — people treated differently than you
A clear understanding of what happened, in your own words

Before you begin, please read carefully:

By checking the box below, I acknowledge that:

Discrimination Navigator is an educational platform and self-help tool. It is not a law firm and is not my attorney.
Using the Charge of Discrimination Wizard does not create an attorney-client relationship between me and Discrimination Navigator.
The information provided to me through this tool is not legal advice, and I will not rely on it as legal advice. I have been advised that I may consult a licensed employment attorney about my situation.
I am responsible for the content of the Particulars section of my charge, which is my own statement of what occurred. The wizard provides structural prompts only; it does not write my narrative for me.
I am responsible for the accuracy of all information I provide, and for filing my charge with the EEOC — and with any applicable state or local fair employment practices agency — by my applicable deadline.

Acknowledgment

I have read and acknowledge the terms above.

You must check this box to proceed.

Step 2: Your Information

Tell us about yourself. This information will appear on your EEOC Charge of Discrimination and identify you as the Charging Party.

First Name

Middle Name

Last Name

Email Address

We'll use this email for all wizard correspondence and to send your signed charge. Use a personal email. Do not use a work email.

Phone Number

Charging Party Address

Street Address

Address Line 2

City

State

Zip Code

Date of Birth

Step 3: Your Employer

Tell us about the employer you are filing this charge against. This is the company name, address, and phone number that will appear on your EEOC Charge of Discrimination. The employer will be identified as the Respondent. If you have joint employers, you may add the second employer information after the first employer information.

Employer Legal Name

Enter the full legal name of the company as it appears on your paystub, W-2, or offer letter. Avoid nicknames or DBA names if you know the legal entity name.

Street Address

Address Line 2

City

State

Zip Code

Employer Phone Number

The main business phone number for the employer. You can find this on the company website or your offer letter.

Approximate Number of Employees

Your best estimate of how many people work for this employer. This determines whether the employer is covered under Title VII (15+ employees), the ADA (15+), the ADEA (20+)...etc. Keep in mind state law has its own coverage limits that may differ from federal limitations.

Step 4: Basis of Discrimination

Select every reason you believe you were discriminated against. You may select more than one. The EEOC Charge of Discrimination allows multiple bases on a single charge.

Example: If you are a Black woman who was passed over for promotion, you may select both Race and Sex. If you were also retaliated against for complaining about it, also select Retaliation.

Bases of Discrimination

Race

Color

Sex (includes pregnancy, gender identity, sexual orientation)

National Origin

Religion

Age (40 or older)

Disability

Genetic Information

Retaliation

Equal Pay (Equal Pay Act)

Other (specify in Particulars)

Select all that apply. You must select at least one.

A note on Retaliation

Retaliation is a separate basis. If you complained about discrimination, requested an accommodation, requested FMLA leave, participated in an investigation, or otherwise engaged in protected activity, and your employer punished you for it, you may have a retaliation claim even if your underlying discrimination claim is weak.

A note on Equal Pay

If you are paid less than someone of a different sex for substantially equal work, you may file under the Equal Pay Act. EPA claims have unique rules — including that you do not have to file with the EEOC first to file in court — but most charging parties file with the EEOC anyway to preserve all options.

A note on Federal Coverage Minimums

Federal discrimination laws have minimum employer size requirements:

Title VII (race, color, sex, national origin, religion, retaliation): 15+ employees
ADA (disability): 15+ employees
ADEA (age): 20+ employees
GINA (genetic information): 15+ employees
EPA (equal pay): all employers, no minimum

If your employer is smaller than the federal minimum, your state or local fair employment practices agency may still have jurisdiction. The EEOC will route your charge appropriately based on the bases you selected and your employer's size.

Step 5: When It Happened

The EEOC has strict filing deadlines from the date of the discriminatory act. Most charges must be filed within 180 or 300 days of the act, depending on whether your state has a Fair Employment Practices Agency (FEPA) that handles the same type of claim.

If the discrimination happened more than once, give us the dates of the earliest and most recent incidents. We will use these to help confirm your filing deadline.

Date of Earliest Discriminatory Act

The date of the first incident you want to file about. If you are not sure of the exact date, give your best estimate of the month and year.

Date of Most Recent Discriminatory Act

The date of the most recent incident. If the discrimination is ongoing or this was a single event, use the same date you entered above.

Is the discrimination continuing?

Yes — the discrimination or its harmful effects are continuing

No — the discrimination ended on the "Most Recent" date above

Select "Yes" if the discriminatory conduct is still happening, OR if the harmful effects are ongoing (e.g., a discriminatory pay decision that continues to affect your paychecks).

What is a continuing violation?

A continuing violation is a pattern of discriminatory conduct rather than a single act. For hostile work environment claims, as long as any act contributing to the hostile environment occurred within the filing period, the entire pattern may be considered — even acts that fall outside the deadline.

Discrete acts (termination, demotion, failure to promote, failure to hire) are treated differently. Each discrete act starts its own filing clock. The continuing violation doctrine generally does not extend the deadline for discrete acts.

If you are unsure whether your situation is a continuing violation or a series of discrete acts, select “Yes” here. The Particulars section in Step 7 will let you describe the full timeline, and the EEOC will evaluate the timeliness of each act.

Step 6: Witnesses

List anyone who saw, heard, or otherwise has firsthand knowledge of the discrimination you experienced. Witnesses can be coworkers, supervisors, HR personnel, customers, vendors, or anyone else who can confirm what happened.

This section is optional. Many strong charges are filed without witnesses. If you have no witnesses or are not sure, you may leave this section blank and continue.

You may list up to three witnesses below. If you have more than three, mention the additional witnesses in the Particulars section in Step 8.

Witness 1 — Full Name

Witness 1 — Relationship to You

Witness 1 — Contact Information

Leave blank if you don't have or don't want to share their contact info. The EEOC may try to contact witnesses independently.

Witness 1 — What They Observed

Two to three sentences is enough. You don't need to write a full statement here. The EEOC will investigate if given pertinent facts.

Witness 2 (Optional)

Witness 2 — Full Name

Witness 2 — Relationship to You

Witness 2 — Contact Information

Leave blank if you don't have or don't want to share their contact info.

Witness 2 — What They Observed

Two to three sentences is enough. You don't need to write a full statement here. The EEOC will investigate if given pertinent facts.

Witness 3 (Optional)

Witness 3 — Full Name

Witness 3 — Relationship to You

Witness 3 — Contact Information

Leave blank if you don't have or don't want to share their contact info.

Witness 3 — What They Observed

Two to three sentences is enough. You don't need to write a full statement here. The EEOC will investigate if given pertinent facts.

Step 7: Comparators

A comparator is someone who was treated more favorably than you in a similar situation, but who is of a different protected class than you (or who does not share the protected characteristic that you believe was the basis for your discrimination).

Example: If you are a Black woman who was passed over for promotion and the position was given to a white man with less experience, that white man is your comparator. If you are 55 years old and were terminated for "poor performance" while a 28-year-old with the same performance issues was given a coaching plan, that 28-year-old is your comparator.

Comparators are powerful evidence because they show the discrimination directly. A strong charge identifies comparators by name whenever possible.

This section is optional. If you don't know of any comparators, or if your charge is based on facts that don't have a clear comparator (e.g., direct discriminatory statements made to you), you may leave this section blank and continue.

You may list up to three comparators below. If you have more than three, mention the additional comparators in the Particulars section in Step 8.

Comparator 1 — Name

Comparator 1 — How They Differ From You

Describe what makes this person a comparator — what protected characteristic they have that's different from yours.

Comparator 1 — Job Title or Position

Their job title or position. If they had the same job as you, just write "same as mine."

Comparator 1 — How They Were Treated More Favorably

Examples: "He was promoted to the role I applied for." "She kept her job when I was terminated for the same conduct." "He was given a warning; I was fired."

Comparator 1 — When This Happened

Approximate date or time period. Comparator evidence is stronger when it's close in time to the discrimination against you.

Comparator 2 (Optional)

Comparator 2 — Name

Comparator 2 — How They Differ From You

Describe what makes this person a comparator — what protected characteristic they have that's different from yours.

Comparator 2 — Job Title or Position

Their job title or position. If they had the same job as you, just write "same as mine."

Comparator 2 — How They Were Treated More Favorably

Examples: "He was promoted to the role I applied for." "She kept her job when I was terminated for the same conduct." "He was given a warning; I was fired."

Comparator 2 — When This Happened

Approximate date or time period. Comparator evidence is stronger when it's close in time to the discrimination against you.

Comparator 3 (Optional)

Comparator 3 — Name

Comparator 3 — How They Differ From You

Describe what makes this person a comparator — what protected characteristic they have that's different from yours.

Comparator 3 — Job Title or Position

Their job title or position. If they had the same job as you, just write "same as mine."

Comparator 3 — How They Were Treated More Favorably

Examples: "He was promoted to the role I applied for." "She kept her job when I was terminated for the same conduct." "He was given a warning; I was fired."

Comparator 3 — When This Happened

Approximate date or time period. Comparator evidence is stronger when it's close in time to the discrimination against you.

Step 8: Your Story (The Particulars)

This is the most important section of your charge. It is where you tell the EEOC, in your own words, exactly what happened to you and why you believe it was discrimination, retaliation, or both.

The Particulars is the substantive heart of your sworn EEOC Charge of Discrimination. The EEOC will read it. Your employer will read it — the EEOC sends a copy of your full charge to your employer when it notifies them that a charge has been filed. If your charge later becomes a lawsuit, this is the document that everything starts with.

You write this yourself. Discrimination Navigator does not write it for you, and does not edit it for you. What we provide is the structure that turns a confused or emotional account into a clear, complete, factual statement that gives your charge the best possible chance of being investigated seriously.

How this section works

Your Particulars statement should be written in five paragraphs. Each paragraph has a specific job to do. You will write each one in the fields below, and we will combine them into a single Particulars statement on your EEOC Form 5.

The five paragraphs are:

Introduction — who you are, who you worked for, what you did, how it ended
Your Qualifications — that you were qualified for the job
Your Work Record — that you were a performing employee
Your Job and Your Employer's Structure — what your day-to-day looked like
Your Story — what happened, why it was discrimination or retaliation, and what proves it

Paragraphs 1 through 4 are the foundation. Paragraph 5 is the case. Spend the most time and detail on Paragraph 5.

Write as much as you know, as specifically as you can. Do not worry about perfect grammar or legal language. What matters is completeness, honesty, and specificity. Use specific dates wherever you can. If you do not remember an exact date, give your best estimate (“in late March 2024” or “approximately two weeks after my performance review”).

If you are an applicant who was never hired:

The five paragraphs adapt as follows. Where the instructions below talk about "your employer," "your job," or "your employment," you can substitute the position you applied for and the application process you went through.

Paragraph 1 — State the position you applied for, the date you submitted your application, and what happened (rejected, never contacted, offer rescinded, passed over after an interview).
Paragraph 2 — Describe the education, certifications, and experience you had at the time you applied and why you were qualified for the position.
Paragraph 3 — You can skip this paragraph or use it to describe your professional reputation, prior employment history, or any prior positive interaction with this employer.
Paragraph 4 — Describe what you know about the position: the job description, advertised salary range, department, and who you interacted with during the application or interview process.
Paragraph 5 — Your story is the application process itself. Describe what happened from the moment you applied through the rejection or non-response. Include who interviewed you, what was said, any comments that revealed a discriminatory motive, who was ultimately hired if you know, and how that person's qualifications compare to yours.

Failure-to-hire cases are legally viable under Title VII, the ADEA, the ADA, and other federal statutes. The same elements apply: state the facts, identify your protected characteristic, and explain the connection.

Paragraph 1: Introduction

State the basic facts of your employment. Include:

Your full name
Your date of hire
The name of your employer
Your job title at the time of the events you are describing
Your rate of pay (hourly, salary, or annual) at the time of the events or at the time your employment ended

If your employment has ended, state how it ended (termination, resignation, forced resignation, layoff), the reason you were given, and the date it ended. If your employer gave you a written reason — a termination letter, a written performance improvement plan, a disciplinary notice — reference that document here.

Paragraph 1 — Introduction

One paragraph. Just the basic facts of who, when, where, what job, what happened.

Paragraph 2: Your Qualifications

Describe your educational background, professional licenses, and certifications — both what you had when you were hired and anything you obtained during your employment.

The purpose of this paragraph is to establish that you were qualified for the job your employer hired you to do, and that your qualifications did not change in a way that would justify what happened to you. Education and certifications do not prove your employer broke the law — they prove your employer saw you as qualified.

Paragraph 2 — Your Qualifications

Education, licenses, certifications, and prior experience. Both what you had when hired and what you added during employment.

Paragraph 3: Your Work Record

Describe the positive aspects of your work history with this employer: awards, commendations, promotions, pay raises, strong performance evaluations, years of service, and any other recognition of your contributions.

This is your credibility paragraph. It establishes that you were a performing employee before the events described in Paragraph 5.

Important: Do not include prior discipline here. If your employer issued write-ups, performance improvement plans, or other disciplinary actions — especially if you believe those actions were discriminatory, pretextual, or applied unequally — you will address them in Paragraph 5, where you can provide context and push back on them.

Paragraph 3 — Your Work Record

Positive recognition only. Save prior discipline for Paragraph 5.

Paragraph 4: Your Job and Your Employer's Structure

Describe your day-to-day job duties, who you reported to, who reported to you (if anyone), and how your department or team was structured.

Include anything about your specific role or industry that would help someone with no knowledge of your field understand what you did and how your workplace operated. Write for an EEOC investigator who knows nothing about your industry. Explain acronyms, processes, titles, and workplace norms.

If your job duties changed at any point — especially if you believe those changes were connected to the discrimination or retaliation you experienced — note that here.

Paragraph 4 — Your Job and Your Employer's Structure

Day-to-day duties, who you reported to, who reported to you, how the team was structured. Explain anything an outside investigator wouldn't understand.

Paragraph 5: Your Story

This is the most important paragraph in your statement. Paragraphs 1 through 4 are the foundation. This is where you tell the EEOC exactly what happened to you, why it happened, and what makes it discrimination or retaliation.

Write this section in chronological order. Include as many specific dates, names, and details as you can remember. Use a person's full name the first time you mention them, then their last name after that.

As you write Paragraph 5, make sure your statement addresses each of the following where applicable:

The substantive checklist for Paragraph 5:

The Adverse Action. State clearly what happened to you: termination, demotion, failure to promote, suspension, denial of a pay raise, denial of a reasonable accommodation, hostile work environment, or constructive discharge (being forced out). Name it directly. Do not soften it.
Your Protected Characteristic. State what you believe motivated the employer's action: your race, color, sex, age (40 or older), disability, religion, national origin, pregnancy or related medical condition, or genetic information. You do not need to prove it at this stage. You need to identify it clearly.
The Connection. Explain why you believe the adverse action was connected to your protected characteristic. This is the most important sentence in your entire statement. Examples: "I believe I was terminated because of my race." "I believe I was passed over for promotion because of my age." "I believe my disability accommodation was denied in retaliation for my internal complaint." Be direct. The EEOC investigator cannot draw this conclusion for you.
Comparators. If you are aware of coworkers outside your protected class who were treated more favorably than you under the same or similar circumstances, describe them here. You already identified comparators in Step 7 — tie them into the story. Example: "My coworker John S. (white male, approximately 35 years old, Senior Sales Associate) committed the same policy violation I was terminated for and received only a verbal warning."
Pretext. If your employer gave you a reason for the adverse action that you believe is false, state that here and explain why. Example: "My employer stated that I was terminated for excessive absences. However, my attendance record shows I missed fewer days than my coworker Maria L. (white female, Team Lead), who was not disciplined. I also have emails showing my supervisor approved all of my absences in advance." The gap between the reason given and the facts is called pretext. Identifying it is one of the strongest things you can do for your case.
Retaliation. If you complained about discrimination, requested a reasonable accommodation, reported illegal conduct, participated in an investigation, or engaged in any other protected activity before the adverse action occurred, describe that here in detail. State what you did, when you did it, who you reported to, and what happened afterward. If the adverse action followed your protected activity — especially if it happened quickly after — make sure that timeline is clear.
Discipline History. If your employer issued disciplinary actions against you that you believe were discriminatory, pretextual, or applied more harshly to you than to employees outside your protected class, address those here. Explain the context, identify any comparators who were not disciplined for the same conduct, and state why you believe the discipline was improper.
Witnesses. You already identified witnesses in Step 6 — tie them into the story where they fit. Reference them by name and explain what they saw or heard.
Documents. Reference any written evidence that supports your account: emails, text messages, performance reviews, disciplinary notices, offer letters, pay stubs, screenshots, or voicemails. If they exist but are in your employer's possession, note that. The side with the most documentation often has the strongest case.

How long should Paragraph 5 be? Long enough to address every applicable point above. Most strong Paragraph 5 statements are three to seven paragraphs of prose. Long enough to tell the full story; short enough that an EEOC investigator can read it carefully. You do not need to write a novel. You need to be complete and specific.

Paragraph 5 — Your Story (What Happened and Why)

Chronological. Specific. Address every applicable point from the checklist above. This is the substantive heart of your charge.

Before you continue — a few writing reminders

Use full names the first time, last names after. "Robert Chen (Vice President of Operations, Asian male, mid-50s)" the first time, then "Chen" after.
Spell out acronyms the first time. "Human Resources Department (HR)" first, then "HR" after.
Write for someone who knows nothing about your industry. Explain job titles, processes, and workplace norms.
Include dates as specifically as you can. If you do not know the exact date, approximate it: "in late March 2024" or "approximately two weeks after my performance review."
Be honest. If you do not know something, say so. If you are estimating a date, say so. The EEOC investigator's confidence in your charge depends on your credibility, and your credibility depends on honesty about what you do and do not know.
State the facts. Do not try to make legal arguments. The EEOC will determine the legal claims based on the facts you provide.

Review Your Charge

Below is a placeholder for your full charge summary. In the live wizard, this will show everything you have entered across all 8 steps. Please review carefully. If anything is incorrect, use the Previous button at the bottom of this page to go back and edit.

[Review summary will display here in the final version. For now, this is a placeholder.]

If anything is missing or incorrect, click "Previous" below to go back and edit.

Before You Submit

The EEOC Charge of Discrimination is a sworn legal document. By submitting this wizard, you will receive an email from SignWell with a link to electronically sign your completed EEOC Form 5. Your signature attests, under penalty of perjury, that the information in your charge is true and correct to the best of your knowledge.

Please confirm the following before submitting:

The information I have entered is true and correct to the best of my knowledge.
I understand that filing a false or fraudulent EEOC Charge of Discrimination may have legal consequences.
I understand that Discrimination Navigator will email me an electronic signature request through SignWell to sign my completed EEOC Form 5. I am responsible for completing the signature.
I understand that this wizard does not file my charge with the EEOC. After signing, I must submit the signed charge to the EEOC myself, either through the EEOC Public Portal at publicportal.eeoc.gov or by mail to my local EEOC field office.

Final Acknowledgment

I confirm the statements above and I am ready to submit my EEOC Charge of Discrimination for signature.

You must check this box to submit your charge.