US FederalWhat is the statute of limitations for filing a workplace discrimination complaint?
For most workplace discrimination claims under federal law, you generally have 180 days from the alleged discriminatory act to file a charge with the EEOC; this extends to 300 days if a state or local agency enforces a similar anti-discrimination law.
What the Law Says
The federal statute of limitations for filing a workplace discrimination complaint is set by Title VII of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000e. It requires individuals to file a charge with the Equal Employment Opportunity Commission (EEOC) before suing in court — and sets strict time limits for doing so.
Under federal law, you must file a charge of discrimination with the EEOC within 180 days of the alleged unlawful employment practice. However, if the alleged discrimination also violates a state or local anti-discrimination law, and there’s a state or local fair employment practices agency (FEPA) that enforces it, the deadline is extended to 300 days.
This 180- or 300-day clock starts on the date the discriminatory act occurred — for example, the date of termination, denial of promotion, or harassment that culminates in an adverse action. For ongoing harassment, the clock may restart with each new incident.
Filing a timely charge with the EEOC is mandatory before you can file a lawsuit in federal court. Without it, courts will dismiss your claim — even if the underlying discrimination is serious.
Statutory TextA charge shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred... except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency... such charge shall be filed... within three hundred days... or within thirty days after the termination of the State or local proceeding, whichever is earlier.
— 42 U.S.C. § 2000e-5(e)(1) — Time for filing charges
What to Do
Identify the date of the discriminatory act (or last act, if ongoing).
Determine whether your state or local government has a fair employment practices agency (FEPA).
File a charge with the EEOC online, by mail, or in person — no attorney needed to start.
Wait for the EEOC to investigate and issue a 'Notice of Right to Sue' (usually within 10 months).
File a federal lawsuit within 90 days of receiving the Notice of Right to Sue.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.