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Understanding the EEOC Limitation Period: Time Limits for Filing Discrimination Claims

what is the EEOC limitation period

What is the EEOC Limitation Period?

The EEOC, or Equal Employment Opportunity Commission, enforces anti-discrimination laws in the United States. This means they investigate and handle complaints of discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.

The EEOC has specific time limits for filing discrimination claims, known as the EEOC limitation period. Understanding these time limits is crucial for protecting your rights and ensuring your complaint is filed within the appropriate timeframe.

General EEOC Limitation Period

In general, a charge of discrimination must be filed with the EEOC within 180 calendar days from the day the discrimination took place. However, this deadline can be extended to 300 calendar days in certain situations:

  • State or Local Law Enforcement: If a state or local agency enforces a similar anti-discrimination law, the filing deadline may be extended to 300 days.
  • Age Discrimination: The deadline for filing an age discrimination charge is always 300 days, regardless of whether a state law exists.

Exceptions and Extensions

There are several exceptions and extensions to the general EEOC limitation period:

  • Ongoing Harassment: If you allege ongoing harassment, the 180/300-day limit applies to the last incident of harassment. This means you have 180 or 300 days from the date of the most recent incident to file a complaint with the EEOC.
  • Multiple Discriminatory Events: If multiple discriminatory events have occurred, the deadline typically applies to each event separately, unless it is an ongoing harassment situation. In such cases, the clock starts ticking from the date of the last incident.
  • Internal Grievance Procedures: The deadline for filing a charge with the EEOC generally will not be extended while attempting to resolve the dispute through another forum, such as an internal grievance procedure or arbitration. It is advisable to file a charge as soon as the decision to do so has been made.

Time Limits for Different Types of Discrimination Claims

The EEOC investigates various types of discrimination, and each type has its own specific time limit for filing a complaint:

  • Age Discrimination: 180 days
  • Sex Discrimination: 180 days
  • Race Discrimination: 300 days
  • Religious Discrimination: 300 days
  • Disability Discrimination: 180 days

Make sure to note the specific time limit for the type of discrimination you are alleging.

Equal Pay Act and Time Limitations

The Equal Pay Act prohibits sex discrimination in wages and benefits. If you believe you have been a victim of such discrimination, you have two years from the date of your last discriminatory paycheck to file a lawsuit. However, if the discrimination is willful, the deadline is extended to three years.

Statute of Limitations for Federal Employers and State Laws

If you are a federal employee or job applicant, you have 45 days to contact an agency EEO counselor if you believe you have experienced discrimination. State laws can also impact the EEOC limitation period, potentially extending the filing deadline beyond 180 days. It’s important to familiarize yourself with the specific time limits and requirements in your state.

Conclusion

Understanding the EEOC limitation period is essential for protecting your rights if you believe you have experienced workplace discrimination. Be sure to file your charge within the appropriate time frame, and remember that you can contact an EEOC field office for assistance if you have any questions or need guidance.