How do I get a Copy of my EEOC Investigative file?

Feb 3
3 min read

By: Kurt J. Jung, Esquire, Partner & Principal of Jung & Jaeger Law LLC

Haddonfield, NJ

February 2, 2026

Many complainants file charges of discrimination with the U.S. Equal Employment Opportunity Commission. After the investigation is over, they do not know that they are entitled to most of their file pursuant to the Freedom of Information Act (FOIA). When exploring whether to hire legal representation, many prospective attorneys want to see the file before accepting the case. Each of the 15 District Offices of the EEOC has FOIA specialists dedicated to acknowledging your file request, redacting information, and meeting FOIA deadline requirements. You may submit your request through the EEOC public portal by logging onto https://eeoc.arkcase.com/foia/portal/login .

Freedom of Information Act (FOIA) Requests

All requests must be in writing and should be address to the District Director of the office that investigated your charge of discrimination. You may send it by mail, by fax or by e-mail. Check the EEOC website at www.eeoc.gov for the mailing address and fax number. Call the District Office to obtain the e-mail address.

To file a valid FOIA disclosure request, you must either file it within 90 days from the date the Dismissal and Notice of Rights is issued—which allows you to pursue your claim in federal court—or have a current lawsuit filed in federal or state court. You must attach to your FOIA request either a copy of the Dismissal and Notice of Rights showing that you are with your 90 day window to file a complaint; or a “Filed” marked court complaint in federal or state court. Without proof of either being within the 90 day time frame or have an active lawsuit filed, EEOC will automatically reject your FOIA request.

Your request should request “the EEOC investigative file” and include the name of the case and the charge number. EEOC will have five calendar days to acknowledge your request, and 20 working days (excluding weekends and federal holidays) to respond. EEOC may also request an automatic 10-day extension., if it needs additional time.

EEOC will review your file and redact information that is covered under the nine FOIA exemptions. You should note that exemption 5 covers information includes portions of the investigative memorandum that are covered under the deliberative process privilege. Information that is considered “deliberative” when determining whether there is probable cause of discrimination will not be disclosed under this privilege. However, documents which have factual information that are not covered under any of the exemptions are not covered and should be disclosed.

If you feel that there is information that should not have been redacted you may appeal the decision by writing to the EEOC Legal Counsel in the Office of Legal Counsel with a clear indication in your letter that it is a FOIA Appeal, explaining the reasons for your appeal. You must include a copy of the Determination Letter with your appeal. Check the EEOC’s website for the Office of Legal Counsel’s address.

Section 83 Requests

Section 83 is an internal EEOC regulation that allows for another means by which the parties may request the disclosure of employment discrimination documents in a particular investigatory charge file after the Commission has completed its processing. Requesters should be aware that this method may not be beneficial to them as the regulations are less formal. The EEOC may decide what you can or cannot have access to. There are also no appeal rights. The specialists may remove whole pages instead of redacting information since there is no requirement to list the pages or information that was removed. It is probably best to avoid using a Section 83 request to obtain your file, as it could waste time and may result in receiving less information about your case because of the informality and lack of right to appeal.

Keep reading Jung & Jaeger Law’s blogs to learn more about the EEOC, NJDCR and employment discrimination. For more information and to schedule a free consultation, visit our website at jungjaegerlaw.com or contact our office at kurt@jungjaegerlaw.com, jacob@jungjaegerlaw.com, or (856) 203-6229. We accept clients in every county of New Jersey.

The information on this blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting based on anything you read on this blog without seeking professional legal counsel.