How Long Do You Have to File an Employment Discrimination Claim?
Published 13 Oct 2025
In an age where workers face increasingly complex workplace challenges, understanding your rights is essential. Strict deadlines apply to discrimination claims. Learn the filing timelines for EEOC charges and federal lawsuits.
Key takeaways
EEOC charges must be filed within 180 or 300 days
After a Right to Sue letter, you have only 90 days to file
State law claims often have different deadlines
The continuing violation doctrine may extend your deadline
EEOC Filing Deadlines
For most federal claims, you must file within 180 days of the discriminatory act. If your state has a fair employment agency, this extends to 300 days.
Other Important Deadlines
Right to Sue Letter: 90 Days
After receiving a Right to Sue letter, you have only 90 days to file in federal court.
Section 1981 Race Claims: 4 Years
Race discrimination claims under Section 1981 have a 4-year statute of limitations.
Equal Pay Act: 2-3 Years
EPA claims must be filed within 2 years, or 3 for willful violations.
State Law Claims: Varies
State deadlines may be shorter or longer than federal deadlines.
Exceptions That May Extend Your Deadline
The continuing violation doctrine may extend your deadline for ongoing discrimination. Equitable tolling may apply if you were unaware of the discrimination. Consult an employment attorney immediately if approaching a deadline.
Frequently Asked Questions
What if I missed the EEOC deadline?
You may still file under state law or Section 1981 for race claims. An attorney can review all available options.
Does the deadline restart if discrimination keeps happening?
For discrete acts, each has its own deadline. For hostile work environment claims, the deadline may restart with each new act.
Can I file after the 90-day Right to Sue deadline?
Courts rarely extend this. Equitable tolling may apply in extraordinary circumstances.
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