You can hire an attorney anytime you choose. However, there are some points relating to a charge of employment discrimination with the EEOC when it makes sense to hire an attorney and others were waiting might be more prudent.
Drafting your charge of discrimination
This is a good time to consult with an attorney. An attorney with experience litigating wrongful termination or other employment related discrimination may have ideas on what to include in your charge with the equal employment opportunity commission (www.eeoc.gov). Too, if you are still employed with the employer, then a lawyer can suggest actions to take before filing with the EEOC. Either way, do not miss important timelines for filing. (https://www.eeoc.gov/time-limits-filing-charge).
After the EEOC completes its investigation
Often times the agency will complete its investigation and decide that it’s not in the agency’s best interest to take on a lawsuit for you, the client. The agency issues you a written notice of your right to sue.
At that point a client would be required to bring a lawsuit against the employer on their own. This happens nine times out of 10 often because of a lack of EEOC resources so it is a good idea to consult with an attorney at this point.
Once you receive your right to letter, contact a lawyer quickly because you only have 90 days to file a lawsuit from the date of that letter.