How Long Do I Have To File My Discrimination Claim?

Federal and state laws only give you a limited amount of time to file a discrimination claim against your employer. Filing your complaint past the deadline will means it will be dismissed.

The deadline to file a discrimination claims depends on state law. It can range from 180 days to five years. Contact a local employment law attorney to find out how long you have to file your discrimination claim.

Understanding Discrimination Claims

It is illegal for employers to discriminate against employees based on their protected characteristics, including:

• Race
• Color
• Sex (including sexual orientation and gender identity)
• Pregnancy, childbirth, and related health conditions
• Religion
• National origin
• Age (for workers 40 and older)
• Disability
• Genetic information

State and federal laws prohibit discrimination in different aspects of life, including housing, education, and public accommodations. Federal anti-discrimination laws apply to most employers with 15 or more employees, (20 or more for age discrimination. State government and federal employees are also covered. Discrimination laws also apply to most labor unions and employment agencies.

You Can Fight Back Against Discrimination

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Time Limits for Filing a Discrimination Claim

Most workers can have their discrimination claim handled by a government agency or through civil court. In most states, you need to file your complaint with the government agency first. If the agency cannot resolve your complaint, you can get notice of your right to sue. However, some states allow you to sue without going through the government agency first.

Filing an EEOC or State Fair Employment Charge

If you are a victim of workplace discrimination, you can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC handles the federal employment discrimination complaint process. Your state may have a local fair employment practices agency to file claims under state anti-discrimination laws.

You have a limited time to file your claim with the EEOC. The time limits for filing a charge with the EEOC is 180 days from the date of the discriminatory act. If your state has a state law prohibiting similar discrimination, the EEOC deadline extends to 300 days from the date of discrimination. Check with your state law to find out how long you have to file a discrimination claim.

The filing deadline includes weekends and holidays. You don’t have a lot of time to file a claim after suffering discrimination on the job. File your complaint as soon as possible or contact an experienced attorney for help filing your charge of employment discrimination.

Filing a Discrimination Complaint in State Court

Some state anti-discrimination laws give you more time to file than the EEOC — up to one year or more. You can file a discrimination lawsuit in state court after your EEOC filing or if your state gives you an automatic notice of right to sue.

With a lawsuit, you can sue your former employer for:

• Reinstatement of your job
• Lost income
• Lost benefits
• Emotional distress
• Punitive damages
• Legal fees

Your legal remedies and the deadline for filing a civil complaint depend on your state laws.

State-by-State Time Limits for a Wrongful Termination Claim

The time limits may differ for wrongful termination claims based on whether you file a complaint with the EEOC or state EEO agency or take your case to civil court. These are general timelines and the your individual time limit can differ. Exceptions may give you more or less time to file a claim, depending on your type of claim.

Talk to a wrongful termination employee to find out how long you have to file a wrongful termination lawsuit under your state laws.

Steps To Take After Discriminatory Action

You can first try to contact your employer if you think you were terminated for discriminatory reasons. If your supervisor or human resources department cannot help, you can take legal action. For violations of federal employment laws, you can file a complaint with the EEOC. You can also file a claim with your state fair employment agency.

If the EEOC does not find evidence of wrongful termination, they will give you notice of leave to sue. In some states, you don’t have to wait for the EEOC before you can file a lawsuit.

You can file a lawsuit for wrongful termination in state or federal court. An attorney may be able to negotiate with your former employer for a settlement agreement, letting you get a payout without the cost and time of a trial. Talk to an employment lawyer about what you can recover in a wrongful termination case.

Find Legal Help

An experienced discrimination law attorney will acts in your best interests to help you get compensation after illegal discrimination. Contact a local employment discrimination attorney to make sure you file your claim before the deadline.