U.S. flag
        An official website of the United States government
          Here’s how you know
        Here’s how you know**Official websites use .gov**
              
                A **.gov** website belongs to an official government organization in the United States.
        **Secure .gov websites use HTTPS**
              
                A **lock** (
              A locked padlock
              ) or **https://** means you’ve safely connected to the .gov website. Share sensitive
                information only on official, secure websites.  Home
                    *U.S. Equal Employment Opportunity Commission*

      search
      Menu
      Any of these words (optional)
Search

    close
            About EEOC
          
                        
  
    **About EEOC**
                        Overview
                                  The Commission and The General Counsel
                                  Commission Votes
                                  Meetings of the Commission
                                  EEOC History
                                  **News and Information**
                        Newsroom
                                  What You Should Know
                                  Legislative Affairs
                                  Publications
                                  Outreach and Education
                                  FOIA
              **Laws and Enforcement**
                        Laws, Regulations, Guidance and MOUs
                                  Discrimination by Type
                                  Mediation
                                  Litigation
                                  Systemic Enforcement
                                  Commissioner Charges and Directed Investigations
              **Programs and Performance**
                        Budget and Performance
                                  Initiatives
                                  Interagency Programs
                                  State and Local Programs
                                  Task Forces
                                  Tribal Programs
              **Data and Analytics**
                        Overview
                                  Data Governance
                                  EEO Data Collections
                                  Data and Statistics
                                  Data Tools and Products
                                  No FEAR Act Data
                                  **Inside EEOC**
                        Careers
                                  Office for Civil Rights, Diversity and Inclusion
                                  Doing Business with EEOC
                                  Privacy
                                  Office of Inspector General
          
                                            
  
      
                  
                        Employees & Job Applicants
          
                        
  
    **Employees & Applicants**
                        Overview
                                  Coverage
                                  Timeliness
                                  Prohibited Practices
              **Filing a Charge of Discrimination**
                        Filing a Charge
                                  How to File
                                  After You File a Charge
                                  Confidentiality
                                  Mediation
                                  Remedies
                                  Existing Charges
                                  Filing a Lawsuit
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin Discrimination
                                  Pregnancy Discrimination
                                  Race/Color Discrimination
                                  Religious Discrimination
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
          
                                  
  
      
                  
                        Employers / Small Business
          
                        
  
    **Employers / Small Business**
                        Overview
                                  Coverage
                                  After a Charge is Filed
                                  Resolving a Charge
                                  Commissioner Charges and Directed Investigations
                                  Remedies
              **Small Business Resource Center**
                        Small Business Home
                                  Small Business Requirements
                                  Frequently Asked Questions
                                  Tips for Small Businesses
                                  Making an Employment Decision?
                                  EEOC Resources
                                  Small Business Assistance
                                  Small Business Fact Sheet
                                  Small Business Videos
                                  EEOC Glossary
                                  Contact Us
              **Discrimination by Type**
                        Age
                                  Disability
                                  Equal Pay
                                  Genetic Information
                                  Harassment
                                  National Origin
                                  Pregnancy
                                  Race/Color
                                  Religion
                                  Retaliation
                                  Sex
                                  Sexual Harassment
                                  Sexual Orientation and Gender Identity
                                  Prohibited Practices
              Recordkeeping
                                  EEO Data Collections
                                  "Know Your Rights" Poster
                                  Training
                                  Other Employment Issues
          
                                            
  
      
                  
                        Federal Sector
          
                        
  
    **Federal Agencies**
                        Overview
                                  Federal EEO Coordination
                                  Federal Agency EEO Directors
                                  Laws, Regulations, Guidance & MOUs
                                  Management Directives & Federal Sector Guidance
                                  Federal Training & Outreach
                                  Resources
              **Federal Employees & Job Applicants**
                        Overview
                                  Federal Complaint Process
                                  Federal Sector Alternative Dispute Resolution
                                  Discrimination by Type
                                  Other Federal Protections
                                  Prohibited Practices
                                  Resources
          
                        
  
      
                  
                        Contact Us
          
                        
  
    Contact EEOC
                                  Find Your Nearest Office
                                  Office Operating Status
                                  Frequently Asked Questions

        
                  Languages
    English
              Español (Spanish)
                    Resources in Other Languages
                    عربي (Arabic)
              简体中文 (Chinese, Simplified)
              繁體中文 - Chinese (Traditional)
              Kreyòl Ayisyen (Haitian Creole)
              한국어 (Korean)
              Русском (Russian)
              Tagalog (Tagalog)
              Tiếng Việt (Vietnamese)
              فارسی (Persian. Farsi)
              پښتو (Pashto)
          

  

  Breadcrumb
Home
  Time Limits For Filing A Charge

                      
                        

          
          
                        Time Limits For Filing A Charge
              


          
  The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a **state** law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is **not** extended if **only** a local law prohibits age discrimination.

*Note*: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge.

Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day. Figuring out how much time you have to file a charge is complicated. If you aren't sure how much time is left, you should contact one of our field offices as soon as possible so we can assess whether you still have time.

If More Than One Discriminatory Event Took Place

Also, if more than one discriminatory event took place, the deadline usually applies to each event. For example, let's say you were demoted and then fired a year later. You believe the employer based its decision to demote and fire you on your race, and you file a charge the day after your discharge. In this case, only your claim of discriminatory discharge is timely. In other words, you must have filed a charge challenging the demotion within 180/300 days from the day you were demoted. If you didn't, we would only investigate your discharge. There is one exception to this general rule and that is if you are alleging ongoing harassment.

Ongoing Harassment

In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment, although we will look at all incidents of harassment when investigating your charge, even if the earlier incidents happened more than 180/300 days earlier.

Equal Pay Act And Time Limits

If you plan to file a charge alleging a violation of the Equal Pay Act (which prohibits sex discrimination in wages and benefits), different deadlines apply. Under the Equal Pay Act, you don't need to file a charge of discrimination with EEOC. Instead, you are allowed to go directly to court and file a lawsuit. The deadline for filing a charge or lawsuit under the EPA is two years from the day you received the last discriminatory paycheck (this is extended to three years in the case of willful discrimination).

Equal Pay Act And Title VII And Time Limits

Keep in mind, Title VII also makes it illegal to discriminate based on sex in the payment of wages and benefits. What this means is, if you have an Equal Pay Act claim, you may also want to file a Title VII claim. In order to pursue a Title VII claim, you must file a charge with EEOC first. Filing a Title VII charge will not extend the deadline for filing an EPA lawsuit. Figuring out how much time you have to file a charge is complicated. It also can be difficult to figure out the pros and cons of filing a charge under the EPA instead of a lawsuit. Our field office staff would be happy to speak with you to explore your options.
      
              Translate this Page
    عربي (Arabic)简体中文 (Chinese, Simplified)繁體中文 - Chinese (Traditional)EnglishKreyòl Ayisyen (Haitian Creole)한국어 (Korean)Русском (Russian)Español (Spanish)Tagalog (Tagalog)Tiếng Việt (Vietnamese)
Enabled In-page NavigationReturn to top

  EEOC Logo, Image
            U.S. Equal Employment Opportunity Commission

          EEOC Headquarters
              131 M Street, NE
Washington, DC 205071-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)

        Questions?

Call 1-800-669-4000
For Deaf/Hard of Hearing callers:1-800-669-6820 (TTY)1-844-234-5122 (ASL Video Phone)info@eeoc.govFind your nearest EEOC officeFrequently Asked Questions
          Connect With Us

  FOIA
      
    
                      Privacy Policy
      
    
                      Disclaimer
      
    
                      Accessibility
      
    
                      Office of Inspector General
      
    
                      Promoting Access to Voting
      
    
                      USA.gov