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Time Limits on EEOC Cases
Ilona Demenina Anderson, Esq. • Jun 30, 2014

In most areas of law, statutes of limitations are pretty cut-and-dried. For example, if you’re injured in an accident, the time limit for filing is a set number of years from the date of the accident. But when it comes to making a claim against an employer based on such issues as discrimination, retaliation or harassment, the time limits are not only much shorter, but less certain, and you may have to consult with a lawyer to determine whether you can file in a timely manner.

In order to bring a claim against your employer in court, it’s necessary to first obtain a “Notice of Right to Sue” from the Equal Employment Opportunity Commission (EEOC). If you try to file a lawsuit before then, the judge will dismiss it and tell you to go to the EEOC or your local Fair Employment Practices Agency (FEPA) to begin the process. In Florida, the FEPA is the Florida Commission on Human Relations (FCHR).


The time limit for filing a charge with the EEOC is 180 calendar days. However, if there is a local law that prohibits discrimination, that limit is extended to 300 calendar days. While that may sound somewhat restrictive, there are a number of factors that can affect the actual time you have to initiate a claim or lawsuit, including but not limited to:

  • The date when the person filing the claim believed or should have believed that he or she was being discriminated against, or when the retaliation or harassment started;
  • Whether or not the discrimination, retaliation or harassment is ongoing;
  • Whether or not there is a local statute that prohibits the type of discrimination suffered by the employee;
  • The amount of time it takes the EEOC to issue a “Notice of Right to Sue” to the employee who was victimized.

Discrimination claims in Florida fall under the Florida Civil Rights Act (FCRA), so the limit for employees in the state is 300 calendar days, but determining when the countdown actually begins can be rather tricky. Technically speaking, the countdown begins when the employee believed or should have believed they were the victims of discrimination, retaliation or harassment. Isolating that particular act or time period is not always simple, so don’t assume you know. If it’s possible to establish a pattern of discrimination, it may be a continuing violation and could include actions that occurred more than 300 calendar days ago. This is especially true of cases involving a “hostile work environment” or those involving retaliation.

The term “calendar days” is important, because the countdown includes weekends and holidays, and will only extend to the next business day if the last day falls on a weekend or holiday. Time limits will usually not be extended if the employee filing the charge is attempting to resolve the situation by using other methods, such as mediation, company or union grievance procedures and the like. However, those methods for resolution can run simultaneously with an EEOC action, so you shouldn’t put off filing a claim with the EEOC.

If the EEOC finds there to be probable cause for the charge, the agency will often attempt to mediate a settlement between the employee and employer. If that attempt fails, they will issue a “Notice of Right to Sue,” so that your lawyer can file suit on your behalf. On very rare occasions, the EEOC may decide to sue on your behalf.

In situations where the EEOC does not find probable cause to support the employee’s allegations, it will automatically issue a Notice of Right to Sue, because a person cannot be denied his or her right to sue. This finding does not preclude your ability to win your suit.

If the EEOC fails to complete its investigation within 180 days after the employee files a charge, which is not unusual, the employee can immediately request a Notice of Right to Sue, at which time the EEOC will cease its investigation and issue the Notice.

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