Have you ever felt like you were treated unfairly at work because of your race, gender, age, or disability? If so, you’re not alone – and the law is on your side. But there’s a catch: you only have a limited window of time to file a workplace discrimination lawsuit.

What is Workplace Discrimination?

Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of their protected characteristics, such as race, color, religion, sex, national origin, age, disability, or genetic information. This can manifest in various ways, such as:

• Refusing to hire or promote someone based on their protected characteristics
• Paying someone less or denying them benefits because of their protected characteristics
• Subjecting someone to harassment or creating a hostile work environment due to their protected characteristics

It’s important to note that not all unfair treatment qualifies as discrimination – the mistreatment must be based on one of those protected characteristics.

Time Limits for Filing a Lawsuit

If you believe you’ve been a victim of workplace discrimination, you can’t wait forever to take legal action. There are strict time limits, known as “statutes of limitations,” that vary depending on the type of discrimination and the laws involved.

Federal Laws

For claims under federal laws like Title VII of the Civil Rights Act of 1964 (which covers race, color, religion, sex, and national origin discrimination), you typically have:

• 180 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC)
• 90 days after receiving a “Right to Sue” letter from the EEOC to file a lawsuit in federal court

State Laws

Many states have their own anti-discrimination laws, and the time limits for filing a claim under those laws can differ. For example, in California, you have:

• 1 year from the date of the discriminatory act to file a complaint with the Department of Fair Employment and Housing (DFEH)
• 1 year after receiving a “Right to Sue” notice from the DFEH to file a lawsuit in state court

Surprising Facts

1. Missing the deadline can be fatal to your case. Courts are strict about enforcing statutes of limitations, so if you miss the deadline, your case could be dismissed – even if you have strong evidence of discrimination.

2. The clock starts ticking on the last discriminatory act. If the discrimination was ongoing, the time limit begins on the date of the most recent discriminatory act, not the first one.

3. You may be able to extend the deadline in some cases. In certain situations, such as if the employer actively concealed information or if there was a continuing violation, the time limit may be extended or “tolled.”

Learn More

• Workplace Harassment: What constitutes harassment, and how to report it.
• Equal Pay Laws: Understanding laws that prohibit pay discrimination based on gender, race, and other protected characteristics.
• Retaliation Protection: Your rights against retaliation for reporting discrimination or participating in an investigation.