Time Limits to Bring an Employment Law Case

Time limits for an employment action is critical. Generally, you need to file a Charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days from the day the discrimination took place. This is a strict deadline but can be extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. 

There are slight for age discrimination cases. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Many people are confused as to when to start the count of the 180/300 days. In instances where there is more than one discriminatory event the deadline usually applies to each event. Ongoing harassment cases offer an exception to the general rule. If your case is a harassment case, you must file your charge within 180 or 300 days of the last incident of harassment.

For cases that are brought under the Equal Pay Act (EPA) you do not need to first file a charge with the EEOC, instead for cases brought under the EPA you are allowed to go directly to court and file a lawsuit. The deadline for filing a charge or lawsuit under the EPA is two years from the day you received the last discriminatory paycheck (this is extended to three years in the case of willful discrimination).

Contact us if you would like to discuss your employment related rights, we will be happy to speak with you.