EEOC charge

What it is

A charge of discrimination is the administrative filing that starts a federal employment discrimination claim with the Equal Employment Opportunity Commission. Claims under Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act need a timely charge before a lawsuit. The Equal Pay Act does not: an EPA suit can go directly to court within two years, or three for willful violations.

The rule and its deadlines

A charge is generally due within 180 calendar days of the discrimination. The deadline is extended to 300 days when a state or local agency enforces a law prohibiting the same discrimination, as California's Civil Rights Department does. For age claims, only a state law and agency extend it. Federal employees follow a different process, starting with an agency EEO counselor within 45 days. After the EEOC issues a notice of right to sue, the lawsuit must be filed within 90 days. Under the ADEA, a suit may be filed any time 60 days after the charge, and no later than 90 days after notice that the EEOC's investigation ended.

Why it matters to a plaintiff firm

The 300-day federal deadline is far shorter than California's three-year CRD deadline, so a firm that waits on federal claims can lose them while the FEHA claim is still alive. The firm decides early whether federal claims add value, and if so files or dual-files in time. Use the EEOC charge deadline calculator and the EEOC charge deadlines guide.