What Is the Statute of Limitations for Filing a Discrimination Lawsuit?

A statute of limitations is a law that sets the time limit for filing a complaint or lawsuit. Statutes of limitations exist for most types of civil lawsuits, including discrimination claims. If you wait too long to file your claim, the court will dismiss it. For most federal discrimination claims, you have 180 days to file a claim. However, you could have up to 300 days, depending on your state laws.

There are several reasons why discrimination claims have a statute of limitations. A time limit encourages people to actively enforce their legal rights. Over time, evidence and witness memories can fade. You may have employment records for the past few years, but after 10 years or more, it may be impossible to track down employment records and other evidence. Similarly, your memory and recollection can fade over time, limiting the accuracy of witness testimony.

To understand the statute of limitations in your state, talk to a discrimination lawyer to preserve your legal rights.

What Is Anti-Discrimination Law?

Employers cannot discriminate against workers based on protected characteristics, including:

• Race
• Color
• Sex (including gender identity and sexual orientation)
• Pregnancy discrimination and pregnancy-related medical conditions
• National origin
• Age
• Disability
• Genetic information

You can file a federal discrimination claim (including sexual harassment) with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal anti-discrimination laws, including:

• Title VII of the Civil Rights Act of 1964
• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)

If the EEOC does not resolve your claim, you can get a notice of right to sue in federal court. Some states allow you to file a civil lawsuit without having to wait for the EEOC to try and resolve your complaint. There are filing deadlines for employment discrimination claims under state and federal law.

Employment Discrimination Time Limits

Under federal law, you have up to 180 days to file a discrimination claim with the EEOC. However, if a state or local agency enforces a similar state anti-discrimination law, the deadline is extended to 300 days. For age discrimination claims, the extension only applies if there is a state age discrimination law and a state agency enforcing those laws.

Equal Pay Act Violations

For violations of the Equal Pay Act based on your sex or gender, there is a two-year statute of limitations. For willful discrimination, the statute of limitations gives you up to three years to file a lawsuit.

Statute of Limitations for Other Types of Discrimination Claims

Other civil rights laws prohibit discrimination in contexts beyond employment, including housing, education, and healthcare. The statute of limitations will depend on the type of claim.

For example, landlords cannot discriminate against tenants based on race, gender, and other protected classes. You can file a housing discrimination violation claim with the Office of Fair Housing and Equal Opportunity (FHEO). The time limit to file a housing discrimination complaint is generally one year from the last date of alleged discrimination.

State agency timelines can be longer or shorter, depending on your state laws. For example, the deadline for a fair housing violation in New Jersey is 180 days. In New York State, you can file a complaint within three years of the discriminatory act.

Federal vs. State Timeframes

Federal laws provide the time limit to file a claim for violations of federal discrimination cases. Many states have similar laws that provide additional human rights protections for residents. State laws may apply to more employers and give workers additional remedies for a charge of discrimination.

For example, most workers have to file federal EEOC complaints within 180 or 300 days. In California, the Fair Employment and Housing Act may give workers up to three years to file a harassment claim. Some cities or counties also have stronger anti-discrimination protections beyond state law. For example, the amount of time to file a claim in New York City may be different than filing under New York State laws.

State workplace discrimination laws vary widely. Some states don’t provide any additional state-level protections for discrimination. Check with a local employment lawyer to find out how long you have to file a workplace discrimination claim in state court.

When the Statute of Limitations Clock Starts

For EEOC complaints, the statute of limitations applies to each incident of discrimination. For example, say an employer discriminatorily reduces your salary on July 1. This claim would run from July 1. If the employer then wrongfully terminated you on December 1, the clock on that adverse action would run from December 1.

If there is ongoing harassment, the clock generally runs from the last incident of alleged discrimination. For example, if you experience discrimination at weekly meetings with your boss from January 1 until they fire you on July 30, the time limit for your overall claim would likely run from July 30.

Importance of Acting Promptly

There are few exceptions or extensions to the federal discrimination statutes of limitations. If you file your EEOC charge even one day late, the agency can dismiss your case.

The upshot? Don’t wait until the deadline to file your claim. Contact an employment discrimination lawyer as soon as possible after a discriminatory event. This will give your attorney time to review your case, identify your best legal options, and gather evidence to support your claim.

Find Legal Help

Contact a local discrimination attorney to file your claim before the statute of limitations runs out.