How many days after notice of discrimination does someone have to file a complaint

Complaint Requirements

Your complaint must:

• Be filed in writing by mail, fax, e-mail, or via the OCR Complaint Portal
• Name the health care or social service provider involved, and describe the acts or omissions, you believe violated civil rights laws or regulations
• Be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause"

File a Civil Rights Complaint Online

Open the OCR Complaint Portal and select the type of complaint you would like to file.
Complete as much information as possible, including:

• Information about you, the complainant
• Details of the complaint
• Any additional information that might help OCR when reviewing your complaint

You will then need to electronically sign the complaint and complete the consent form. After completing the consent form you will be able to print out a copy of your complaint to keep for your records

File a Civil Rights Complaint in Writing

NOTE:  In accordance with the Office for Personnel Management's and CDC's guidelines on COVID 19, HHS personnel are teleworking.  OCR is committed to handling your complaint as quickly as possible.  However, for faster processing we strongly encourage you to use the OCR online portal to file complaints rather than filing via mail, as our personnel on site is limited.

File a Complaint Using the Civil Rights Discrimination Complaint Form Package

Open and fill out the Civil Rights Discrimination Complaint Form Package in PDF format. You will need Adobe Reader software to fill out the complaint and consent forms. You may either:

• Print and mail the completed complaint and consent forms to:
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email the completed complaint and consent forms to  (Please note that communication by unencrypted email presents a risk that personally identifiable information contained in such an email, may be intercepted by unauthorized third parties)

File a Complaint without the Civil Rights Discrimination Complaint Form Package

If you prefer, you may submit a written complaint in your own format by either:

• Mail to
  Centralized Case Management Operations
  U.S. Department of Health and Human Services
  200 Independence Avenue, S.W.
  Room 509F HHH Bldg.
  Washington, D.C. 20201
• Email to 

Be sure to include:

• Your name
• Full address
• Telephone numbers (include area code)
• E-mail address (if available)
• Name, full address and telephone number of the person, agency or organization you believe discriminated against you
• A brief description of what happened, including how, why, and when you believe your (or someone else's) civil rights were violated
• Any other relevant information
• Your signature and date of complaint
• The name of the person on whose behalf you are filing if you are filing a complaint for someone else

You may also include:

• Any special accommodations for us to communicate with you about this complaint
• Contact information for someone who can help us reach you if we cannot reach you directly
• If you have filed your complaint somewhere else and where you’ve filed

If you mail a complaint, be sure to send it to:

Centralized Case Management Operations
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201

You do not need to sign the complaint and consent forms when you submit them by email because submission by email represents your signature.

Language assistance services for OCR matters are available and provided free of charge. OCR services are accessible to persons with disabilities.

How do I file a complaint of discrimination with OCR?

You may contact an OCR enforcement office to obtain a complaint form or you may file a discrimination complaint by using the on-line complaint form.  You may also write an e-mail or a letter setting forth your complaint to the OCR enforcement office.

What do I need to include in my complaint?

You should let us know which school, college or other institution you are complaining about, the person(s) who has been discriminated against, when the discrimination occurred, and you should sign and date the form or letter and let us know how we can reach you by phone, e-mail, and letter so that we can contact you. If filing electronically or on-line, you will still need to provide an original signature by mail, which may be done by printing and mailing a "Consent Form" linked from the bottom of the on-line complaint form.

How soon after the discrimination do I need to file?

You need to file your complaint within 180 calendar days after the discrimination. There are certain limited circumstances that allow our agency to grant a waiver. If you need more information about your situation, contact the OCR enforcement office responsible for the state in which the institution is located.

How promptly will OCR respond to my complaint?

OCR will promptly acknowledge receiving your complaint and will contact you by letter, e-mail, or telephone to let you know whether we will proceed further with your complaint.

What is OCR's role during the complaint process?

OCR's role is to be a neutral fact-finder and to promptly resolve complaints. OCR has a variety of options for resolving complaints, including facilitated resolutions and investigations. OCR does not act as an advocate for either party during the process.

What if I am already pursuing my complaint within the school district or college or with another agency?

OCR does not handle cases that are being addressed by another agency or within a school's or college's formal grievance procedure if OCR anticipates that the school or college, or agency you filed with will provide you with a resolution process comparable to OCR's. Once the other complaint process is completed, you have 60 days to file your complaint with OCR. OCR's first step will be to determine whether to defer to the result reached in the other process.

Do I have to file an OCR complaint before I can file a claim in court?

The regulations under Title VI, Title IX, Section 504 and Title II do not require you to file with OCR prior to filing a claim under these laws in Federal court. The regulations under the Age Discrimination Act, however, allow you to file a claim in Federal court under that law only after: 1) 180 days have elapsed since you filed the complaint with OCR and OCR has made no finding, or 2) OCR issues a finding in favor of the recipient. If this occurs, OCR will promptly notify you and remind you of your right to file in court.

If you are considering filing in court, bear in mind that OCR does not represent complaining parties or provide advice regarding court filings. You would need to use the services of your own attorney. Also, if you proceed with your claim in a court, OCR will not continue to pursue your OCR complaint.

For more information you may refer to What to Expect from OCR and the OCR Case Processing Manual (CPM).

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