When Can an Individual File an Employment Discrimination Lawsuit in Court?
If the action is pursuant to a state law, the action can be filed immediately in state court. If we file first with the EEOC, we must wait until we receive notice of the “right to sue” from the EEOC. A charging party must file a lawsuit within 90 days after receiving the”right to sue” notice from EEOC. Under Title VII and the ADA, a charging party also can request a notice of “right to sue” from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the EPA, 42 U.S. ยงยง 1981 and 1983 and FMLA a lawsuit must be filed within two years of the discriminatory act. An EEOC charge need not be filed.
