In cases other than race, ethnicity, or age discrimination, in Alabama you MUST file a charge of discrimination with the EEOC within 180 days of the discriminatory act or you lose your right to bring a lawsuit under the federal laws against non-governmental employers. In harassment cases, the time period generally begins to run when the harassment ends. However, failing to file a charge for a significant period of time after the harassment begins will run the risk of having some or all of the harassment considered untimely. So, do not delay in filing a charge. Once the EEOC issues you a right to sue letter, you have 90 days to file a lawsuit from the date you receive the letter.
There is a law against discrimination based on race and ethnicity that the EEOC does not deal with. Under this law (Section 1981 to Title 42 of the United States Code), you have two years to bring a lawsuit in court if your claim involves the creation of a new employment status, such as a failure to hire or promote you. If your claim involves something other than this (e.g., hostile work environment or termination), you have four years to bring a lawsuit. Be advised: The U.S. Supreme Court only recently issued an opinion holding that employees have as long as four years to bring a lawsuit under section 1981 for claims other than a failure to hire or promote. Lower courts have not yet had time to interpret this opinion, so you should not wait more than two years to file suit for such claims under this law if possible.
The EEOC also does not handle claims under the FMLA. You have 2 years to bring an FMLA lawsuit and 3 years if the violation is willful.
Alabama has a state law against age discrimination. It mirrors the federal age discrimination law but does not require filing of an EEOC charge. To pursue a claim under Alabama’s age discrimination law, you can do either of the following: (1) file a lawsuit in state court within 180 days from the date of the act you are complaining about, or (2) go through the EEOC process as described above, and then file a lawsuit within 90 days from the date the notice of dismissal of the charge is sent by the EEOC