How does the EEOC count employees?
All employees, including part-time and temporary workers, are counted for purposes of determining whether an employer has a sufficient number of employees. An employee is someone with whom the employer has an employment relationship. The existence of an employment relationship is most readily (but not exclusively) shown by a person’s appearance on the employer’s payroll. Independent contractors are not counted as employees. This is because the work they perform is based on an independent contractual relationship, not an employment relationship. When can employees file charges? Employees must file their charge with EEOC within 180 days from the date of the alleged discrimination. If the employer is also covered by a state or local employment discrimination law, the time to file a charge with EEOC is extended to 300 days. How are charges filed with the EEOC? Any individual who believes that his or her employment rights have been violated because of his or her race, color, sex, religion,
