EEOC Deadlines: 180 Days vs. 300 Days Explained
Most discrimination claims have strict EEOC filing deadlines. Learn how the 180-day and 300-day rules work and why timing matters.
Why EEOC Deadlines Matter
Many federal workplace discrimination and retaliation claims require a Charge of Discrimination before a lawsuit. Missing the EEOC filing window can block the federal claim even when the underlying facts are strong, so the deadline should be checked before an employee waits for an internal HR process, severance negotiation, or agency appointment to finish.
The 180-Day Rule
The default federal deadline is generally 180 calendar days from the day the discrimination took place. The clock may start on the date of a termination, demotion, denied accommodation, unequal pay decision, harassment incident, refusal to hire, or other adverse action. Ongoing harassment and repeated decisions can raise harder timing questions, so write down each date instead of relying on a rough month or pay period.
When 300 Days May Apply
The EEOC says the 180-day deadline may extend to 300 calendar days when a state or local agency enforces a law that prohibits employment discrimination on the same basis. Age-discrimination charges have a narrower rule: the 300-day extension applies only when a state law prohibits age discrimination in employment and a state agency or authority enforces that law. Because the longer window depends on the claim, location, and enforcing agency, workers should not assume 300 days applies without checking.
How to Check Which Filing Window May Apply
Start with where the alleged discrimination occurred and the basis of the charge, because EEOC guidance ties the possible 300-day window to both. The EEOC's FEPA directory points workers to the nearest EEOC field office, whose jurisdiction page lists state and local Fair Employment Practices Agencies. Check whether an agency enforces a law covering the same basis, compare any separate state or local deadline, and contact the EEOC promptly instead of waiting for the longer window.
Different Claims Can Have Different Rules
The Equal Pay Act is different because the EEOC does not require a charge before an Equal Pay Act lawsuit, though related Title VII sex-discrimination issues may still require a timely charge. Federal employees and federal job applicants also follow a different process and generally must make EEO counselor contact within 45 days. Wage claims, OSHA retaliation claims, FMLA claims, and some whistleblower claims may follow different procedures or shorter deadlines. The safest approach is to identify every possible claim early and preserve the shortest plausible deadline.
Do Not Wait for Another Process to Finish
The EEOC says charge-filing time limits generally are not extended while a worker tries to resolve the dispute through an internal grievance, union grievance, arbitration, mediation, or another forum. If the deadline falls on a weekend or holiday, the EEOC says the filing period runs until the next business day, but workers should still treat the earlier date as the safer planning target.
Protect Your Timeline
Create a timeline with exact dates, save the evidence tied to each date, and get a free consult before filing. Include the employer action, who was involved, what protected characteristic or protected activity may be connected, and where supporting emails, messages, pay records, policy documents, or witness names are stored. The wording of the charge can affect what claims you preserve later, and law and deadlines can vary by facts and jurisdiction.
Primary Sources
- EEOC: Time Limits for Filing a ChargeAccessed September 2, 2026
- EEOC: How to File a Charge of Employment DiscriminationAccessed September 2, 2026
- EEOC: Filing a Charge of DiscriminationAccessed September 2, 2026
- EEOC: Fair Employment Practices Agencies and Dual FilingAccessed September 2, 2026
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This article is general information, not legal advice. For a review of your situation, get a free consult with the YesLawyer team.
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