Is There a Time Limit for Filing Discrimination Charges?
Individuals have a limited period of time in which to lodge a complaint or bring a lawsuit for employment discrimination. This is called the statute of limitations. If an individual fails to bring his or her claim within the specified time limits, he or she cannot obtain a remedy. The time limits vary based upon which law the individual is using as the basis of the action. Here are the time limits.
Title VII and ADA
Charges must be brought with the EEOC within 180 days, extended to 300 days when there is a state fair employment practices agency available. Court actions must be brought within 90 days after receipt of a right-to-sue notice.
Age Discrimination in Employment Act
Charges must be brought with the EEOC within 180 days, extended to 300 days when there is a state fair employment practices agency available. Court actions must be brought between the 60th day after filing with the EEOC and the 90th day after receipt of notice that the EEOC has dismissed the charge.
Equal Pay Act and Family and Medical Leave Act
A lawsuit for recovery of unpaid wages must be brought within two years. The time is extended to three years for a willful violation.
Sections 1981 and 1982, 42 USC
A lawsuit must be brought within four years.
Section 503 of the Rehabilitation Act and Vietnam Era Veterans' Readjustment Assistance Act
Complaints must be filed within 300 days.
Uniformed Services Employment and Reemployment Rights Act of 1994
No time limit is specified, but the state statute of limitations cannot be used.
Immigration Reform and Control Act of 1986
A charge must be filed within 180 days; the Special Counsel has 120 days to file a complaint. Administrative Law Judges' decisions become final 30 days after issuance unless acted on by the Attorney General. Judicial review must be sought within 60 days of a final order's signing (discrimination charges) or 45 days after an order is "issued," which is 30 days after it is signed (unlawful employment charges).
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Individuals have a limited period of time in which to lodge a complaint or bring a lawsuit for employment discrimination. This is called the statute of limitations.
Is there a time limit for filing discrimination charges?
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