Sometimes, your own words can come back to haunt you—especially if you say the wrong thing to the EEOC. Just ask Adam Gomez. When he filed an charge with the Equal Employment Opportunity Commission (“EEOC”) against his employer, he checked the box that said he was not disabled. Later, he tried to bring a disability discrimination claim under Americans with Disabilities Act (“ADA”). The United States Court of Appeals for the Fifth Circuit said no. Why? Because he told the EEOC the exact opposite.
This blog will walk through what happened, why EEOC charges matter, and how one box—checked wrong—was enough to sink the entire case.
What Is the EEOC Charge Process and Why Does It Matter?
Federal law protects employees from discrimination through several important statutes. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race/color, gender, sexual harassment, gender identity, sexual orientation, national origin, and religion, including wrongful termination of an employee for one of these protected characteristics. The ADA protects qualified employees with disabilities from discrimination and requires employers to provide reasonable accommodations. And the Age Discrimination in Employment Act of 1967 (“ADEA”) protects workers who are 40 years or older from being treated unfairly because of their age. These laws work together to make sure employers treat employees fairly—and violations often start with an EEOC charge. But employees cannot simply start off by filing a lawsuit to enforce these employment rights.
Before you can sue your employer for workplace discrimination—like disability discrimination under the ADA—you must first file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). This step is known as exhaustion of administrative remedies, and it is mandatory. It gives the EEOC a chance to investigate the allegations, attempt to resolve the issue, and notify the employer. Only after that can you take your employment discrimination claim to court.
Think of your EEOC charge as your first and only shot to lay out what happened. But do not expect the EEOC to guide you. EEOC investigators are not attorneys. They do not dig deeper or identify claims for you. They simply listen to what you say and write it down. If you leave out key facts—like that your employer forced you to take a medical exam—or deny something—like being disabled—you may not be able to fix it later.
Most employees only have 180 or 300 days from the date of the discriminatory act to file an EEOC charge, depending on the state. That is why contacting a disability discrimination attorney quickly is critical. A lawyer can ensure the right claims are included and can amend the charge or file a second one if necessary. But if you wait too long, that door closes—and your employment discrimination claim could be over before it starts.
Best Employment Discrimination Attorney Lawyer Blogs on Point:
- The Disappointing Truth About Filing With the EEOC
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What Did Gomez Do Wrong When He Filed His Employment Discrimination Charge?
Gomez worked as a chaplain for the Cameron County Sheriff’s Office. When the County stopped using certain funds to pay his salary, Gomez asked to switch roles and take a jailer position. But Texas law requires jailers to pass a medical exam, and Gomez never submitted the necessary clearance. As a result, he was let go.
Here is where things went sideways: the same month Gomez contacted the EEOC, he filled out a preliminary questionnaire and denied being disabled. He then met with an EEOC investigator who drafted a charge listing only age and religious discrimination. There was no mention of any medical exam or disability. Once Gomez signed that charge, it became the official record. EEOC investigators do not explore possible legal theories—they only record what you tell them. And Gomez never corrected or expanded the charge while it was pending. Later, Gomez changed his mind and tried to claim that being forced to take a medical exam violated the ADA. But by then, it was too late. The Fifth Circuit held: “Gomez concedes on appeal that he ‘did not file an EEOC charge based on the ADA.’” Gomez v. Cameron County, No. 24-40757, 2025 WL 2160139, at *2 (5th Cir. July 30, 2025).
In legal terms, he failed to exhaust his administrative remedies. In plain English? He skipped a step—and the court would not let him go back.
Best EEOC Attorney Blogs on Point:
- EEOC: Another Reason Why Not To Go It Alone
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- What Is The EEOC Process Really Like?
Can You Add Claims Later If They Are Related?
Sometimes, yes. If the EEOC investigation would naturally cover the new issue, courts may let it slide. But Gomez’s charge never even hinted that he was disabled or that he was required to take a medical exam. It only mentioned age and religion. That made disability discrimination a completely new claim—and courts do not let you smuggle new claims into lawsuits after skipping them in the charge.
The Fifth Circuit explained: “The problem with Gomez’s charge… is not one of procedural technicalities; its problem is an absence of factual predicate.” Id. at *2. Translation? It is not about a missing form—it is about missing facts. You cannot show up to a potluck empty-handed and expect a plate.
Best Disability Discrimination Law Firm Blogs on Point:
- Can I Be Demoted Or Placed In A Lower Paying Position Because Of My Disability?
- My Job Denied My Disability Accommodation Request – What Now?
- How Much Detail Must Be In A Request For A Workplace Disability Accommodation?
Can You Check the Wrong Box On an EEOC Charge Form and Still Sue Later?
In theory, maybe. In practice, it is very risky.
Gomez literally told the EEOC he was not disabled. That is like walking into a hospital and saying, “I am perfectly healthy,” then suing the doctor for failing to treat your illness. Courts take what you say in your charge seriously. If you deny having a disability there, do not expect a court to let you flip-flop later.
This case is a cautionary tale for employees who are frustrated, rushing, or unsure of what to say on an EEOC form. Many workers think they can handle this first step on their own—without legal help. But one wrong statement or missed issue, like denying a disability or forgetting to mention a forced medical exam, can shut down your case before it starts.
We hear it all the time: “I didn’t think I qualified as disabled” or “I didn’t know I could list that on the form.” That confusion is exactly why you need to consult a disability discrimination attorney before filing anything with the EEOC.
When Gomez finally got a lawyer, the damage had already been done. If an attorney had been involved earlier, they could have reviewed the charge and either amended it—if still pending—or filed a second charge if the 300-day deadline had not passed. That kind of early help can make the difference between winning and losing. Get help. Talk to an employment law attorney before filing. Because as Gomez learned, one checkmark can derail your entire case.
Best Employee’s Rights Lawyer Blogs on Point:
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- How Do I Write A Good EEOC Complaint? Get Help
- Read This Before Filing An EEOC Charge
What kind of lawyer should I call if I think I have a disability discrimination claim but don’t know what to say to the EEOC?
The answer is simple: call Spitz, The Employee’s Law Firm. We are one of the largest law firms in the United States dedicated solely to representing employees. We understand the EEOC charge process inside and out. We offer a free consultation and a no-fee guarantee—you do not pay unless we win. Our employment lawyers know how to protect your rights from the very first step.
Because the truth is, employers—and courts—will hold you to your words. If your EEOC charge says one thing, and your lawsuit says another, you could lose your case before it even starts. That is why you need the best attorney from day one.
So if you believe you were wrongfully fired, forced to take an unnecessary medical exam, or denied an accommodation, do not wing it. Call Spitz, The Employee’s Law Firm today.
Employment Lawyer Disclaimer:
This disability discrimination blog provides general information about employee rights, ADA, EEOC, workplace discrimination, and employment law. It should not be taken as legal advice about your claim for disability, religious or any other form of employment discrimination. If you believe you have been wrongfully fired, subject to retaliation, or experienced employment discrimination, you should consult with a qualified employment lawyer to get advice specific to your situation. No promises or guarantees are being made by this blog. This is a legal advertisement. No attorney-client relationship has been form through this employment law blog nor employee’s rights website.