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Can a severance agreement stop me from filing an EEOC charge?

Usually illegal Reviewed September 1, 2026
No. Per the EEOC's own guidance, no agreement between you and your employer can limit your right to file a charge, testify, assist, or participate in an EEOC investigation or proceeding — a clause that tries is invalid and unenforceable. What a release can do is waive your right to recover money damages from claims you released.

This is one of the brightest lines in employment law. A severance release trades away your right to sue and recover on past claims — but the EEOC's charge process exists for the public's benefit, and participation in it cannot be signed away.

What survives every release: filing an EEOC charge; testifying or assisting in an EEOC investigation; benefits like unemployment insurance (eligibility is the state's decision, not a contract term); workers' compensation claims in most states; and claims that arise after the signing date, which no waiver can cover.

What the release does waive: your right to personally recover damages on the discrimination claims you released — which is exactly what the employer is paying for. If an agreement in front of you says you may not "file a charge with any government agency," that clause is overreach; some courts have found such overreach infects more than the clause itself.

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Related questions

Can I still report illegal conduct to other agencies after signing?
Generally yes — the same public-interest logic protects participation in proceedings before agencies like the NLRB, OSHA and the SEC, whose whistleblower programs cannot be waived by private agreement.
If I file an EEOC charge after signing, can I get damages?
Usually not personally, for released claims — the waiver covers your monetary recovery, not your participation. The EEOC can still investigate and act on the charge.
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Educational content, not legal advice. For a live dispute, consult a licensed employment attorney in your state.